DETAILED ACTION
Notice of 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 the Application
Claims 1-20 were pending and were rejected in the previous office action. Claims 1-3, 11-14, and 17-20 were amended. Claims 1-20 remain pending and are examined in this office action.
Priority
This application claims priority to U.S. Provisional Application No. 63/327,509, filed on April 5, 2022.
Response to Arguments
Claim Objections:
Claim 19 was previously objected to. Claim 19 is amended to clarify which components are part of the object pick-up station, and which are part of the locker. The objection of claim 19 is withdrawn.
35 USC § 103:
Applicant’s arguments regarding the § 103 rejections of claims 1-2, 4-17, and 19 (pgs.7-10, remarks filed 12/4/2025) and specific to independent claims 1, 17 and 19, have been fully considered but they are not persuasive.
Applicant argues that claims 1, 17 and 19 as amended, to require multiple object compartments and allow access to the multiple object compartments at the same time, overcome the previously cited prior art. However, upon further consideration of the prior art references, the examiner respectfully disagrees.
“Kelly” (US 20180122022 A1) teaches that a pod itself may include a partition door such that a single pod is split into multiple compartments (Kelly: ¶ 0118-0120, ¶ 0123 and Fig. 9G), even specifying that “There may be two separate food conditioning areas 980 which exist inside a single pod, with individually condition control hardware 981. Thus, in some examples, the environment of the left side portion of the pod may be maintained at a refrigerated condition while the environment of the right-side portion of the pod may be maintained at a heated condition” (Kelly: ¶ 0119). Kelly further teaches that “When the food is ready for pick-up, the food conveyance and conditioning pod 940 may open at the front access port 920, and the partition door 982 may move to its open position. This frees the distribution tray to be grasped by a consumer and slid out of the food conveyance and conditioning pod 940…” and showing that the separate conditioning areas may each hold food/beverages at different temperatures (Kelly: ¶ 0123). Therefore, the examiner maintains that Kelly teaches the “locker” containing multiple compartments with each containing one or more items, and providing access to both of the multiple compartments at the same time after user authentication – and that the combination of Kelly, Long, and Salter still teaches claims 1, 17 and 19 as currently recited. Please see the updated § 103 rejections of claims 1-2, 4-17, and 19 below for further detail.
Furthermore, and in view of the above, applicant’s arguments specific to claims 12-13 have been considered but are moot as they do not apply to the current grounds of rejection applied under § 103 in response to the amendments to claims 11-13. Please see the current § 103 rejections specific to claims 11-13.
Applicant’s arguments regarding the § 103 rejections of claims 3, 18, and 20 (pgs. 7-10, remarks filed 12/4/2025) have been fully considered and are persuasive.
Applicant discusses the current amendments to claims 3, 18 and 20 (pgs. 7-8, remarks) and argues that “Moreover, the cited references fail to teach or suggest that a tray with the multiple object compartments are extended toward the vehicle for retrieval” (pg. 9, remarks). The examiner agrees that no reasonable combination of the prior art would render the limitations of claim 3 (considered as a whole, with the limitations of the claims from which they depend) for “an object tray configured to automatically extend the multiple object compartments in a direction of the recipient vehicle adjacent to the object pick-up station, wherein the multiple object compartments are extended toward the recipient vehicle by the object tray at the same time” (or the similar limitations of claims 18 and 20) obvious. See the “Allowable Subject Matter” section below.
The § 103 rejections of claims 3, 18 and 20 are withdrawn.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-11, 14-15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180122022 A1 to Kelly et al. (Kelly) in view of US 20170293983 A1 to Long, and further in view of US 20210130114 A1 to Salter et al. (Salter).
Claim 1: Kelly teaches:
An object pick-up station for retrieving objects (Kelly: ¶ 0007 “automated apparatus and methods for performing an efficient transaction involving the placement of an order for goods, assembly of items ordered, confirming payment for the items and provision of the items to the customer”), the object pick-up station comprises:
a locker (Kelly: ¶ 0108 showing dispenser apparatus 900) comprising:
multiple object compartments (Kelly: ¶ 0112-0113 showing pods 940 for housing the ordered items/food items, wherein as per ¶ 0118-0120, ¶ 0123 and Fig. 9G each pod includes a partition door such that a single pod is split into two separate compartments),
wherein the multiple object compartments are each configured to store one or more objects for a recipient for retrieval using a recipient vehicle (Kelly: ¶ 0114, 0116, ¶ 0181, ¶ 0185, ¶ 0197 showing the dispenser and pods are used to dispense the product for retrieval by the customer using their vehicle at the automated drive-thru; and ¶ 0118-0120, ¶ 0123 showing two separate compartments in each pod that may each hold one or more objects, e.g. one compartment is heated for warm food items, while another is cooled for beverages); and
a locker barrier configured to allow access to the multiple object compartments at the same time (Kelly: ¶ 0118-0120, ¶ 0123, Fig. 9G showing the two separate compartments in each pod, and ¶ 0123 showing “When the food is ready for pick-up, the food conveyance and conditioning pod 940 may open at the front access port 920, and the partition door 982 may move to its open position. This frees the distribution tray to be grasped by a consumer and slid out of the food conveyance and conditioning pod 940…”) upon authentication of the recipient or the recipient vehicle (Kelly: ¶ 0118 “The doors of a bin may slide open to grant access to a user when the user is identified with a specific identifier, a barcode receipt, or a mobile device based barcode or other means of identification. The doors may include composite doors that open the outside environment to the inside of the dispenser, and each bin may have a set of doors which keep the heated and cooled environments controlled. These bid doors may be opened by the user or may automatically open on a verified identification being presented”; and ¶ 0116, ¶ 0123, ¶ 0181, ¶ 0187, ¶ 0197 showing opening the pod to the customer upon authentication of the customer);
an interface configured to authenticate the recipient or the recipient vehicle for access to the multiple compartments in the locker through the locker barrier (Kelly: ¶ 0118, ¶ 0162, ¶ 0187 showing the doors are opened upon identification/verification of the user; and ¶ 0189 “the system may allow the user to engage the kiosk with touch screen interface”; ¶ 0109 “a dispenser that is located on the exterior of a restaurant may include a user interface 930, with which a consumer may interact for order pick-up and other functions. The user interface 930 may comprise a screen 931, for displaying instructions and information to the consumer” which as per ¶ 0110, ¶ 0047, ¶ 0067 the user interface is used to verify the customer); and
With respect to the limitation:
one or more adjustment assemblies configured to adjust a locker height by adjusting a height of the object pick-up station based on the recipient vehicle
Kelly teaches one or more adjustment assemblies configured to adjust a position of the locker based on a recipient vehicle (Kelly: ¶ 0197 scan license plate and move the dispenser position to open the pod with the order; ¶ 0161-0162 scanning a license plate and moving a pod containing the order to a location which opens up to the customer, ¶ 0112-0114, ¶ 0123 further showing movement apparatus, i.e. adjustment assemblies, used to adjust the position of the pods), but does not explicitly teach adjusting a locker height by adjusting a height of the object pick-up station based on the recipient vehicle.
However, Long teaches adjusting the height of a serving counter surface and the serving window/compartment of a kiosk from which the customer retrieves an item, to a height based on the height of a recipient vehicle retrieving the item (Long: ¶ 0104-0107 and Figs. 15C-15F, ¶ 0163-0165; also see ¶ 0101-0103 describing window heights prior to adjustment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru kiosk/dispenser of Long in the order dispensing system of Kelly with a reasonable expectation of success of arriving at the claimed invention, with the motivation of “making it convenient for the driver consumer to retrieve the beverage cup” (Long: ¶ 0105), and thereby addressing the problems that “A first height difference from driver side window to beverage cup 1530 at the medium adjusted height poses an inconvenience to the driver consumer” (Long: ¶ 0104) and “A fourth height difference from driver side window to beverage cup 1550 makes retrieval of the cup difficult for a driver consumer” (Long: ¶ 0106).
Still, Long (and therefore the combination of Kelly/Long) does not explicitly teach that the kiosk (i.e. locker) height is adjusted by adjusting a height of the object pick-up station itself. However, Salter teaches a height adjustment mechanism for adjusting the height of a locker used for exchanging an item between a vehicle and the locker based on a height of the vehicle, via the use of an adjustable base member such as legs that are used to adjust the height of the entire locker itself (Salter: ¶ 0024 showing “The package locker 104 can include selectively adjustable base member 148, such as legs that can be used to alter a height of the package locker 104 to as to accommodate for vehicles of differing heights”; also see Figs. 1 and 3 showing legs 148). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long with a reasonable expectation of success of arriving at the claimed invention, with the motivation “to accommodate for vehicles of differing heights” (Salter: ¶ 0024). It would also have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long (such that the height adjustable legs are added as a height adjustment mechanism), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 2: Kelly/Long/Salter teach claim 1. Kelly, as modified above, further teaches:
a controller (Kelly: ¶ 0083 “processor 654 executing one or more sequences of one or more instructions contained in main memory 656. Such instructions may be read into main memory 656 from another computer-readable medium, such as storage device 660. Execution of the sequences of instructions contained in main memory 656 causes processor 654 to perform the process steps described herein”; see ¶ 0087 showing coupled to communications interfaces) comprising:
one or more network communication interfaces (Kelly: ¶ 0087, ¶ 0065, ¶ 0104-0106 showing communication/network interfaces of mobile device; ¶ 0110 showing communication interface(s) of dispenser device);
one or more memories having computer readable code stored therein (Kelly: ¶ 0083 showing memory storing instructions executable by the processor);
and receive vehicle information of the recipient vehicle (Kelly: ¶ 0149-0150, ¶ 0074-0076, ¶ 0161, ¶ 0182-0185, ¶ 0189-0191, ¶ 0195-0197 showing license plate scanner used to verify information of the recipient’s vehicle and verify recipient to pickup particular order)
With respect to the following limitations, Kelly does not explicitly teach, however, Long teaches:
determine the locker height based on the vehicle information (Long: ¶ 0163-0165 with ¶ 0163 showing “wherein adjusting intelligent beverage kiosk window height includes determining an approximate drive-thru vehicle driver's window height, moving a conveyor adjustable platform module, an adjustable height kiosk front face and dispenser height adjuster roll-up sections to a height approximating the determined drive-thru vehicle driver's window height” and ¶ 0165 showing “determining an approximate drive-thru vehicle driver's window height and adjusting a height of a serving counter surface, an adjustable height kiosk front face and a conveyor adjustable platform module to a height approximating the determined drive-thru vehicle driver's window height”); and
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru dispenser to a determined vehicle window height of Long in the drive-thru order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, for the same reasons discussed in the rejection of claim 1 above.
With respect to the limitation:
and adjust the height of the object pick-up station using the one or more adjustment assemblies such that the locker reaches the locker height
Long teaches adjusting the height of the window/serving counter of the kiosk to the previously determined height of the vehicle window (Long: ¶ 0163-0165 showing adjusting the height of the window/serving counter based on the determination of the vehicle window height; also see ¶ 0104-0107 as in claim 1 above), but Kelly/Long do not explicitly teach adjusting the height of the object pick-up station, e.g. raising the kiosk itself.
However, Salter teaches a height adjustment mechanism for adjusting the height of a locker to a height of the vehicle, via the use of an adjustable base member such as legs that are used to adjust the height of the entire locker itself (Salter: ¶ 0024 showing “The package locker 104 can include selectively adjustable base member 148, such as legs that can be used to alter a height of the package locker 104 to as to accommodate for vehicles of differing heights”; also see Figs. 1 and 3 showing legs 148). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, for the same reasons discussed in the rejection of claim 1 above.
Claim 4: Kelly/Long/Salter teach claim 3. Kelly, as modified above, further teaches:
wherein the object tray comprises a retractable tray wall configured to raise and lower (Kelly: ¶ 0123 showing “the food conveyance and conditioning pod 940 may open at the front access port 920, and the partition door 982 may move to its open position. This frees the distribution tray to be grasped by a consumer and slid out of the food conveyance and conditioning pod 940”; see ¶ 0121-0122 for further context showing the door moves down to move to the closed position, i.e. raises and lowers)
Claim 5: Kelly/Long/Salter teach claim 1. Kelly, as modified above, further teaches:
wherein the interface is at least one of a scanner, a keypad, a touchscreen display, or a wireless communication device (Kelly: ¶ 0109 “a dispenser that is located on the exterior of a restaurant may include a user interface 930, with which a consumer may interact for order pick-up and other functions. The user interface 930 may comprise a screen 931, for displaying instructions and information to the consumer. In some embodiments, this screen may be voice activated or feature a touch screen”; ¶ 0072, ¶ 0080, ¶ 0161, ¶ 0176-0177 showing barcode scanner at the dispenser for reading barcode associated with the order/to verify the customer for pickup; also see ¶ 0063, ¶ 0100, ¶ 0109, ¶ 0169, ¶ 0189 showing touchscreen interface at kiosk/dispenser, or touchscreen interface of a customer’s mobile device which communicates the selections to the kiosk/dispenser)
Claim 6: Kelly/Long/Salter teach claim 1. Kelly, as modified above, further teaches:
wherein the one or more adjustment assemblies comprise: an adjustment member (Kelly: ¶ 0113-0114 showing movement apparatus 950 which may be a ferris wheel type movement apparatus, or a sliding mechanism that moves the pods to different locations within the dispenser, i.e. an adjustment member); and an adjustment drive (Kelly: ¶ 0058 specifying “motorized track” used to move the pods)
Claim 7: Kelly/Long/Salter teach claim 6. Kelly, as modified above, further teaches:
wherein the adjustment member comprises a telescoping leg, a rotational screw, a pivoting arm, or a carriage and track (Kelly: ¶ 0113-0114 showing movement apparatus 950 which may be a ferris wheel type movement apparatus, or a sliding mechanism that moves the pods to different locations within the dispenser, i.e. a carriage and track type of adjustment member; also see ¶ 0058 motorized track and ¶ 0179 “A track system, belt, mechanized item container, or other means of transporting, automatically labeling, scanning, pairing with a dispenser bin, or loading items into a dispenser or dispenser bin may be used”)
Claim 8: Kelly/Long/Salter teach claim 6. Kelly, as modified above, further teaches:
wherein the adjustment drive comprises an electric motor, a hydraulic drive, a pneumatic drive, or an inflatable vessel (Kelly: ¶ 0058 “motorized track” and ¶ 0179 “A track system, belt, mechanized item container, or other means of transporting”)
Claim 9: Kelly/Long/Salter teach claim 1. With respect to the following limitations, Kelly does not explicitly teach, however, Long teaches:
wherein the vehicle information is a vehicle height, a type of vehicle, or a vehicle window location (Long: ¶ 0163-0165 showing vehicle information that is used to determine height adjustment including a vehicle window height)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru dispenser to a determined vehicle window height of Long in the drive-thru order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, for the same reasons discussed in the rejection of claim 1 above.
Claim 10: Kelly/Long/Salter teach claim 1. With respect to the following limitations, Kelly does not explicitly teach, however, Long teaches:
wherein the locker height is based on a location of a window of the recipient vehicle (Long: ¶ 0163-0165 showing information that is used to determine height adjustment is a vehicle window height)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru dispenser to a determined vehicle window height of Long in the drive-thru order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, for the same reasons discussed in the rejection of claim 1 above.
Claim 11: Kelly/Long/Salter teach claim 1. With respect to the following limitations, Kelly/Long do not explicitly teach, however, Salter teaches:
wherein the recipient vehicle is an autonomous vehicle (Salter: ¶ 0030 “The signals can be used by a vehicle controller when the vehicle 102 is autonomous…”), and wherein the locker height is based on a location of a compartment of the autonomous vehicle (Salter: Figs. 2-3, and ¶ 0024 showing “The package locker 104 can include selectively adjustable base member 148, such as legs that can be used to alter a height of the package locker 104 to as to accommodate for vehicles of differing heights. The locker-based controller 128 can control the selectively adjustable base member 148 to vertically align the delivery door 108 and the receiving door 140”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the height adjustable legs as a base for adjusting height according to a vehicle compartment door as taught by Salter in the order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, with the motivation “to accommodate for vehicles of differing heights” (Salter: ¶ 0024). It would also have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the vehicle being an autonomous vehicle as taught by Salter in the order dispensing system of Kelly/Long/Salter, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 14: Kelly/Long/Salter teach claim 1. Kelly, as modified above, further teaches:
wherein the locker or one or more of the multiple object compartments within the locker are temperature controlled (Kelly: ¶ 0113 “Food conveyance and conditioning pods 940 may be tuned to heat or cool the food placed within to a desired temperature, to maintain optimal consumption conditions”; ¶ 0016 “each food item stored in a bin of the dispenser may be controlled at one of ambient temperature, less than ambient temperature and greater than ambient temperature”; ¶ 0055 “This mechanism may contain boxes or bins, which are insulated or temperature controlled”; also see ¶ 0120, ¶ 0124, ¶ 0128)
Claim 15: Kelly/Long/Salter teach claim 1. Kelly, as modified above, further teaches:
two or more lockers configured to store two or more orders (Kelly: Fig. 15, ¶ 1073 showing dispensers 1504 (plural), wherein each dispenser is capable of storing a plurality of orders as per ¶ 0057 “The bins may store orders processed remotely and awaiting pick-up or order places onsite at a point-of-sale/drive-thru kiosk. Customers who preorder or order remotely can bypass the order kiosks and head directly to the pick-up point. The bins also are capable of rotating individually so that no one order is holding-up the line.”)
Claim 17: Kelly teaches:
A system for facilitating object retrieval from an object pick-up station (Kelly: ¶ 0047, ¶ 0173 and fig. 15 showing system for drive through/fast food order pickup; ¶ 0007 “automated apparatus and methods for performing an efficient transaction involving the placement of an order for goods, assembly of items ordered, confirming payment for the items and provision of the items to the customer”), the system comprises:
one or more network communication interfaces (Kelly: ¶ 0087, ¶ 0065, ¶ 0104-0106 showing communication/network interfaces of mobile device; ¶ 0110 showing communication interface(s) of dispenser device);
one or more memories having computer readable code stored therein; and one or more processing devices operatively coupled to the one or more memories and the one or more network communication interfaces (Kelly: ¶ 0083 “processor 654 executing one or more sequences of one or more instructions contained in main memory 656. Such instructions may be read into main memory 656 from another computer-readable medium, such as storage device 660. Execution of the sequences of instructions contained in main memory 656 causes processor 654 to perform the process steps described herein”; see ¶ 0087 showing coupled to communications interfaces),
wherein when executed the computer readable code causes the one or more processing devices to: receive vehicle information of a vehicle (Kelly: ¶ 0149-0150, ¶ 0074-0076, ¶ 0161, ¶ 0182-0185, ¶ 0189-0191, ¶ 0195-0197 showing license plate scanner used to verify information of the recipient’s vehicle and verify recipient to pickup particular order);
With respect to the limitations:
determine a locker height based on the vehicle information;
and activate one or more adjustment assemblies to adjust a position of the object pick-up station to change a locker position to the locker height
Kelly teaches one or more adjustment assemblies configured to adjust a position of the locker based on a recipient vehicle (Kelly: ¶ 0197 scan license plate to identify recipient vehicle and move the dispenser position to open the pod with the order; ¶ 0161-0162 scanning a license plate to identify recipient vehicle and move a pod containing the order to a location which opens up to the customer for retrieval, ¶ 0112-0114, ¶ 0123 further showing movement apparatus, i.e. adjustment assemblies, used to adjust the position of the pods in the dispensing apparatus), but does not explicitly teach adjusting a position of the object pick-up station to change the locker position to the locker height to adjust the height of the object compartment and locker.
However, Long teaches determining a locker height based on the vehicle information (Long: ¶ 0163-0165 with ¶ 0163 showing “wherein adjusting intelligent beverage kiosk window height includes determining an approximate drive-thru vehicle driver's window height, moving a conveyor adjustable platform module, an adjustable height kiosk front face and dispenser height adjuster roll-up sections to a height approximating the determined drive-thru vehicle driver's window height” and ¶ 0165 showing “determining an approximate drive-thru vehicle driver's window height and adjusting a height of a serving counter surface, an adjustable height kiosk front face and a conveyor adjustable platform module to a height approximating the determined drive-thru vehicle driver's window height”), and activating one or more adjustment assemblies for adjusting the height of a serving counter surface and the serving window/compartment of a kiosk from which the customer retrieves an item, to a height based on the height of a recipient vehicle retrieving the item (Long: ¶ 0104-0107 and Figs. 15C-15F, ¶ 0163-0165; also see ¶ 0101-0103 describing window heights prior to adjustment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru kiosk window to a determined vehicle window height of Long in the drive-thru order dispensing system of Kelly with a reasonable expectation of success of arriving at the claimed invention, with the motivation of “making it convenient for the driver consumer to retrieve the beverage cup” (Long: ¶ 0105), and thereby addressing the problems that “A first height difference from driver side window to beverage cup 1530 at the medium adjusted height poses an inconvenience to the driver consumer” (Long: ¶ 0104) and “A fourth height difference from driver side window to beverage cup 1550 makes retrieval of the cup difficult for a driver consumer” (Long: ¶ 0106).
Still, Long (and therefore the combination of Kelly/Long) does not explicitly teach that the kiosk (i.e. locker) height is adjusted by adjusting a height of the object pick-up station itself. However, Salter teaches a height adjustment mechanism for adjusting the height of a locker used for retrieval of an item by a vehicle based on a height of the vehicle, via the use of an adjustable base member such as legs that are used to adjust the height of the entire locker itself (Salter: ¶ 0024 showing “The package locker 104 can include selectively adjustable base member 148, such as legs that can be used to alter a height of the package locker 104 to as to accommodate for vehicles of differing heights”; also see Figs. 1 and 3 showing legs 148). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long with a reasonable expectation of success of arriving at the claimed invention, with the motivation “to accommodate for vehicles of differing heights” (Salter: ¶ 0024). It would also have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long (such that the height adjustable legs are added as a height adjustment mechanism), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Kelly, as modified above, further teaches:
receive an object deposit request or an object retrieval request, wherein the object deposit request or the object retrieval request comprises authentication information for a user or the vehicle (Kelly: ¶ 0185 and ¶ 0197 showing user can scan or enter barcode to request dispensing of the order); and
based on the authentication information unlock a locker barrier (Kelly: ¶ 0118 “The doors of a bin may slide open to grant access to a user when the user is identified with a specific identifier, a barcode receipt, or a mobile device based barcode or other means of identification. The doors may include composite doors that open the outside environment to the inside of the dispenser, and each bin may have a set of doors which keep the heated and cooled environments controlled. These bid doors may be opened by the user or may automatically open on a verified identification being presented”; also see ¶ 0116, ¶ 0123, ¶ 0181, ¶ 0187, ¶ 0197 showing opening the pod to the customer upon authentication of the customer; ¶ 0166 specifically stating “unlock dispensing apparatus” after receiving the barcode information),
wherein the locker barrier is configured to allow access to multiple object compartments located within the locker at the same time, and wherein the multiple object compartments are each configured to store one or more objects (Kelly: ¶ 0118 as above showing the doors may open to allow access to the bin/pods to retrieve the order, where as per ¶ 0119 “There may be two separate food conditioning areas 980 which exist inside a single pod, with individually condition control hardware 981. Thus, in some examples, the environment of the left side portion of the pod may be maintained at a refrigerated condition while the environment of the right-side portion of the pod may be maintained at a heated condition” and see ¶ 0123 “When the food is ready for pick-up, the food conveyance and conditioning pod 940 may open at the front access port 920, and the partition door 982 may move to its open position. This frees the distribution tray to be grasped by a consumer and slid out of the food conveyance and conditioning pod 940. In some examples, the illustrated trays may reside with the bin and provide supportive surfaces to store the food in, where a user will reach into the bin and remove the food products from the bin trays without removing a tray”; also generally see ¶ 0118-0123 and Fig. 9G)
Claim 19: Kelly teaches:
A method for facilitating object retrieval from an object pick-up station (Kelly: ¶ 0007 “automated apparatus and methods for performing an efficient transaction involving the placement of an order for goods, assembly of items ordered, confirming payment for the items and provision of the items to the customer”) comprising a locker (Kelly: ¶ 0108 showing dispenser apparatus 900), the object pick-up station comprising:
multiple object compartments (Kelly: ¶ 0112-0113 showing pods 940 for housing the ordered items/food items, wherein as per ¶ 0118-0120, ¶ 0123 and Fig. 9G each pod includes a partition door such that a single pod is split into two separate compartments), and
a locker compartment barrier (Kelly: ¶ 0118 “The doors of a bin may slide open to grant access to a user when the user is identified with a specific identifier, a barcode receipt, or a mobile device based barcode or other means of identification. The doors may include composite doors that open the outside environment to the inside of the dispenser, and each bin may have a set of doors which keep the heated and cooled environments controlled. These bid doors may be opened by the user or may automatically open on a verified identification being presented”; also see ¶ 0116, ¶ 0123, ¶ 0181, ¶ 0187, ¶ 0197 showing opening the pod to the customer upon authentication of the customer),
an interface to authenticate a depositor or a recipient (Kelly: ¶ 0118, ¶ 0162, ¶ 0187 showing the doors are opened upon identification/verification of the user; and ¶ 0189 “the system may allow the user to engage the kiosk with touch screen interface”; ¶ 0109 “a dispenser that is located on the exterior of a restaurant may include a user interface 930, with which a consumer may interact for order pick-up and other functions. The user interface 930 may comprise a screen 931, for displaying instructions and information to the consumer” which as per ¶ 0110, ¶ 0047, ¶ 0067 the user interface is used to verify the customer), and
one or more adjustment assemblies configured to adjust a position of the locker (Kelly: ¶ 0197 scan license plate to identify the recipient vehicle, and move the dispenser position to open the pod containing the order; see ¶ 0161-0162 showing scanning a license plate to identify recipient vehicle and move a pod containing the order from a storage location to a location which opens up to the customer for retrieval, ¶ 0112-0114, ¶ 0123 further showing movement apparatus, i.e. adjustment assemblies, used to adjust the position of the pods in the dispensing apparatus),
wherein the method comprises: receiving vehicle information of a vehicle (Kelly: ¶ 0149-0150, ¶ 0074-0076, ¶ 0161, ¶ 0182-0185, ¶ 0189-0191, ¶ 0195-0197 showing license plate scanner used to verify information of the recipient’s vehicle and verify recipient to pickup particular order);
With respect to the limitations:
determining a locker height based on the vehicle information; and
activating the one or more adjustment assemblies to adjust a position of the object pick-up station based on the vehicle
Kelly teaches one or more adjustment assemblies configured to adjust a position of the locker based on a recipient vehicle (Kelly: ¶ 0197 scan license plate to identify recipient vehicle and move the dispenser position to open the pod with the order; ¶ 0161-0162 scanning a license plate to identify recipient vehicle and move a pod containing the order to a location which opens up to the customer for retrieval, ¶ 0112-0114, ¶ 0123 further showing movement apparatus, i.e. adjustment assemblies, used to adjust the position of the pods in the dispensing apparatus), but does not explicitly teach adjusting a position of the object pick-up station to change the locker position to the locker height to adjust the height of the object compartment and locker.
However, Long teaches determining a locker height based on the vehicle information (Long: ¶ 0163-0165 with ¶ 0163 showing “wherein adjusting intelligent beverage kiosk window height includes determining an approximate drive-thru vehicle driver's window height, moving a conveyor adjustable platform module, an adjustable height kiosk front face and dispenser height adjuster roll-up sections to a height approximating the determined drive-thru vehicle driver's window height” and ¶ 0165 showing “determining an approximate drive-thru vehicle driver's window height and adjusting a height of a serving counter surface, an adjustable height kiosk front face and a conveyor adjustable platform module to a height approximating the determined drive-thru vehicle driver's window height”), and activating one or more adjustment assemblies for adjusting the height of a serving counter surface and the serving window/compartment of a kiosk from which the customer retrieves an item, to a height based on the height of a recipient vehicle retrieving the item (Long: ¶ 0104-0107 and Figs. 15C-15F, ¶ 0163-0165; also see ¶ 0101-0103 describing window heights prior to adjustment). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the adjustment of a height of a drive-thru kiosk window to a determined vehicle window height of Long in the order dispensing system of Kelly with a reasonable expectation of success of arriving at the claimed invention, with the motivation of “making it convenient for the driver consumer to retrieve the beverage cup” (Long: ¶ 0105), and thereby addressing the problems that “A first height difference from driver side window to beverage cup 1530 at the medium adjusted height poses an inconvenience to the driver consumer” (Long: ¶ 0104) and “A fourth height difference from driver side window to beverage cup 1550 makes retrieval of the cup difficult for a driver consumer” (Long: ¶ 0106).
Still, Long (and therefore the combination of Kelly/Long) does not explicitly teach that the kiosk (i.e. locker) height is adjusted by adjusting a height of the object pick-up station itself. However, Salter teaches a height adjustment mechanism for adjusting the height of a locker used for retrieval of an item by a vehicle based on a height of the vehicle, via the use of an adjustable base member such as legs that are used to adjust the height of the entire locker itself (Salter: ¶ 0024 showing “The package locker 104 can include selectively adjustable base member 148, such as legs that can be used to alter a height of the package locker 104 to as to accommodate for vehicles of differing heights”; also see Figs. 1 and 3 showing legs 148). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long with a reasonable expectation of success of arriving at the claimed invention, with the motivation “to accommodate for vehicles of differing heights” (Salter: ¶ 0024). It would also have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the height adjustable legs as a base as taught by Salter in the order dispensing system of Kelly/Long (such that the height adjustable legs are added as a height adjustment mechanism), since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Kelly, as modified above, further teaches:
receiving an object deposit request or an object retrieval request, wherein the object deposit request or the object retrieval request comprises authentication information for the depositor, the recipient, or the vehicle (Kelly: ¶ 0185 and ¶ 0197 showing user can scan or enter barcode to request dispensing of the order); and
based on the authentication information unlock a locker barrier (Kelly: ¶ 0118 “The doors of a bin may slide open to grant access to a user when the user is identified with a specific identifier, a barcode receipt, or a mobile device based barcode or other means of identification. The doors may include composite doors that open the outside environment to the inside of the dispenser, and each bin may have a set of doors which keep the heated and cooled environments controlled. These bid doors may be opened by the user or may automatically open on a verified identification being presented”; also see ¶ 0116, ¶ 0123, ¶ 0181, ¶ 0187, ¶ 0197 showing opening the pod to the customer upon authentication of the customer; ¶ 0166 specifically stating “unlock dispensing apparatus” after receiving the barcode information),
wherein the locker barrier is configured to allow access to the multiple object compartment located within the locker at the same time for depositing or retrieval (Kelly: ¶ 0118 as above showing the doors may open to allow access to the bin/pods to retrieve the order, where as per ¶ 0119 “There may be two separate food conditioning areas 980 which exist inside a single pod, with individually condition control hardware 981. Thus, in some examples, the environment of the left side portion of the pod may be maintained at a refrigerated condition while the environment of the right-side portion of the pod may be maintained at a heated condition” and see ¶ 0123 “When the food is ready for pick-up, the food conveyance and conditioning pod 940 may open at the front access port 920, and the partition door 982 may move to its open position. This frees the distribution tray to be grasped by a consumer and slid out of the food conveyance and conditioning pod 940. In some examples, the illustrated trays may reside with the bin and provide supportive surfaces to store the food in, where a user will reach into the bin and remove the food products from the bin trays without removing a tray”; also generally see ¶ 0118-0123 and Fig. 9G)
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180122022 A1 to Kelly et al. (Kelly) in view of US 20170293983 A1 to Long, further in view of US 20210130114 A1 to Salter et al. (Salter), and further in view of US 20180253805 A1 to Kelly et al. (hereinafter “Kelly II”).
Claim 12: Kelly/Long/Salter teach claim 1. With respect to the following limitation, Kelly teaches wherein the recipient vehicle receives the multiple object compartments from the locker (Kelly: ¶ ¶ 0114, 0116, ¶ 0181, ¶ 0185, ¶ 0197; ¶ 0118-0123 showing multiple compartments in a pod), but does not explicitly teach the following. However, Kelly II teaches:
wherein the recipient vehicle comprises an autonomous vehicle that receives the multiple object compartments automatically from the locker (Kelly II: ¶ 0256, ¶ 0292-0294 showing the vehicle is an autonomous vehicle and connects to dispenser to receive pods and/or order for order pickup for the customer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include picking up the order via autonomous vehicle as taught by Kelly II in the order dispensing system of Kelly/Long/Salter, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 13: Kelly/Long/Salter teach claim 1. With respect to the following limitation, Kelly teaches wherein the recipient vehicle receives the multiple objects from the locker (Kelly: ¶ 0114, 0116, ¶ 0181, ¶ 0185, ¶ 0197; ¶ 0118-0123 showing receiving items from multiple compartments in a pod), but does not explicitly teach the following. However, Kelly II teaches:
wherein the recipient vehicle comprises an autonomous vehicle that receives multiple objects from the multiple object compartments automatically from the locker (Kelly II: ¶ 0256, ¶ 0292-0294 showing the vehicle is an autonomous vehicle and automatically receives order for pickup for the customer)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include picking up the order via autonomous vehicle as taught by Kelly II in the order dispensing system of Kelly/Long/Salter, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180122022 A1 to Kelly et al. (Kelly) in view of US 20170293983 A1 to Long, further in view of US 20210130114 A1 to Salter et al. (Salter), and further in view of US 20050061167 A1 to Fox.
Claim 16: Kelly/Long/Salter teach claim 1. With respect to the following limitations, Kelly/Long/Salter do not explicitly teach, however, Fox teaches:
a trash disposal device configured to receive an object of the one or more objects from the object compartment (Fox: ¶ 0020, ¶ 0007 showing smart trash can/compactor device for use in fast food restaurants for receiving and compressing fast food restaurant trash; see ¶ 0021, ¶ 0035 showing trash disposal device detects approach of patron and deposit of trash)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the trash disposal/compactor device at a fast food location of Fox in the order dispensing system of Kelly/Long/Salter with a reasonable expectation of success of arriving at the claimed invention, with the motivation that “need, therefore, exists for a refuse compactor capable of compressing fast food restaurant trash so that less frequent emptying is required and a greater mass of waste material can be contained in a smaller volume” (Fox: ¶ 0006).
Allowable Subject Matter
Claims 3, 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 3 (and similar claims 18 and 20) recite limitations for “an object tray configured to automatically extend the multiple object compartments in a direction of the recipient vehicle adjacent to the object pick-up station, wherein the multiple object compartments are extended toward the recipient vehicle by the object tray at the same time.” While Kelly was previously cited as teaching that a user may manually pull out an object tray, none of the previously cited prior art teaches an automated mechanism for extending an object tray from a locker, including extending multiple object compartments towards the recipient vehicle at the same time, considered in the context of the claims as a whole. Upon further search, the examiner identified relevant prior including: US 20070056973 A1 (“Bagley”) which teaches an extendible tray that can be extended towards a customer vehicle at a drive through window manually (Bagley: ¶ 0027, Figs. 1-3). US 20250191435 A1 (“Zimmerman”) teaches a fully automated drive-through beverage shop and teaches that “One or more actuators 40 may be used to open the window and allow the tray to be extended out through the window in order for the customer to pick up” (Zimmerman: ¶ 0067) – but was filed 12/05/2024 and therefore does not qualify as prior art. US 20220177233 A1 to Ishiguro et al. (Ishiguro), as previously cited, does teach an automated tray extension mechanism as part of an elevator/conveyor based order transport system from a kitchen to a drive through lane (Ishiguro: ¶ 0015, ¶ 0080, Fig. 9B; and ¶ 0006), but does not extend multiple object compartments of a stationary locker/kiosk-type system and thus would not render the claimed invention obvious via any attempted combination with the other cited prior art.
The prior art does not disclose an automated system attached to a locker for extending multiple compartments containing items towards a recipient vehicle at the same time, prior to the effective filing date of the claimed invention. Therefore, none of the references could reasonably be combined with the previously cited prior art in order to arrive at the claimed invention recited in claims 3, 18, or 20.
Conclusion
The following reference is not relied upon above but is cited as relevant to the instant application:
US 20220105854 A1 to Matsushita et al. teaches a locker system that adjusts height based on a height of a vehicle and/or recipient (Matsushita: ¶ 0045-0047, ¶ 0067-0070).
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 Molnar whose telephone number is (571)272-8271. The examiner can normally be reached Monday - Friday, 8:00 - 5:00 EST. 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.
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/HUNTER MOLNAR/Examiner, Art Unit 3628
/JEFF ZIMMERMAN/Supervisory Patent Examiner, Art Unit 3628
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