DETAILED ACTION
This Final Office action is in response to Applicant’s Amendment filed on 10/27/2025. Claims 1-19 are pending; claims 13 and 14 are withdrawn; and, claims 1-12 and 15-18 are examined below. The effective filing date of the claimed invention is 04/27/2022.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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 1-12 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2022/0160162 to Zhang et al. (“Zhang”) in view of U.S. Pat. Pub. No. 2018/0352836 to Cronin et al. (“Cronin”).
With regard to claim 1, Zhang discloses the claimed vending machine system comprising:
a vending machine (e.g. Fig. 1) having an inventory storage container holding a plurality of raw materials therein (see e.g. [0025] container 201; [0032] plurality), a mixer (e.g. [0026-27]; [0007] actuating blending apparatus), a dispenser (e.g. [0007] dispensing mechanism(s)), and a reader (e.g. [0067]);
a mobile device for generating a code for the reader (see e.g. [0072]); and
a server connecting with the vending machine over a network (see e.g., [0073] where the mobile application connected to the vending machine can be mobile-based, cloud-based, server-based and online-based; [0074] if an order was initiated from anywhere other than a user interface running directly on blended drink kiosk 100, . . . , the order can be retrieved at a user interface running directly on blended drink kiosk 100, such as touchscreen 101 from a server.), the server having memory for storing computer instructions and a processor for executing the computer instructions, the computer instructions including instructions for implementing an operations management application for controlling the operations of the vending machine with a temperature control module for controlling the temperature of the vending machine (see e.g. [0009] a blended drink kiosk can include a temperature controlled storage compartment with a first solid ingredient; [0021]; [0076]; [0074]);
wherein the mobile device includes an app residing thereon (e.g. [0011]);
wherein the mobile device includes the selection in the code (e.g. [0074-75])
wherein the mobile device communicates the code to the vending machine reader to activate the vending system to send raw material from the inventory storage container to the mixing to form a mixture therein and to send the mixture to the dispenser for dispensing therefrom (see e.g. [0067]; [0074] In some embodiments, the order information is obtained at a user interface running directly on blended drink kiosk 100, such as touchscreen 101, by various methods including, but not limited to, entering a pin, phone number, scanning a QR code (quick response code) and/or tapping an NFC (near-field communication) device (emphasis added); [0045] [0052-60] blending/mixing apparatus).
Zhang does not explicitly disclose:
wherein the app includes an interface having plurality of buttons that allow a user to make a selection that includes at least one of the plurality of raw materials for mixing in a mixture with the interface indicating the calorie content of the mixture.
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Cronin teaches at e.g. Fig. 2, 4, Fig. 3A-C Profile GUI in kcal/day system is calibrated in kilocalories and the nutritional profile aligned with those goals, that it would have been obvious to one of ordinary skill in the kiosk food and drink ordering art to include the ability of interface having plurality of buttons that allow a user to make a selection that includes at least one of the plurality of raw materials for mixing in a mixture with the interface indicating the calorie content of the mixture. See also Cronin, [0018] For example, the systems and methods may provide users with interactive interfaces that facilitate the reception of user input regarding the customization of a beverage, such as the customization of a nutritional or flavor profile of a beverage. [0037] FIG. 2 is a block diagram illustrating components of the beverage modification system 135. For example, the beverage modification system 135 includes a virtual health module 210 that analyzes the parameters and compares the parameters to information stored in an ingredients database 240, which stores data structures that relate ingredients to their nutritional profiles (e.g., vitamins, calories, and so on). [0038-39] [0039] A beverage suggestion module 230 generates a suggestion or recommendation associated with modifying, adjusting, and/or improving the nutritional profile (or, flavor or other aspects) of the beverage. For example, the beverage suggestion module 230 may identify one or more ingredients, additives, or supplements to add to the customized beverage to reduce or compensate for differences between user goals and the profile of the customized beverage. [0043] caloric intake goals set by user at interface, which are then compared to the requested content, and displayed in relation to the caloric goals; [0044] published claim 1, 6.
Therefore, it would have been obvious to one of ordinary skill in the food/beverage creation at kiosk on interface art before the effective filing date of the claimed invention to modify Zhang’s blended drinks kiosk to include the interface with selected buttons to indicate ingredients and interface indicating caloric content of the drink(s) to be ordered/ordered, whereby the advantage of the buttons selection is that the user is able to select each product with individual buttons (see e.g. Cronon, Fig. 4, 410 415 Whey Chia Fiber Flax etc.) and indication of caloric intake of drink(s) such e.g. Cronin Fig. 4, 420 as explained above to show the user how the drink corresponds and interacts with their caloric intake numerical goals so that the user can make a decision to order to drink/food based on a caloric intake or other nutritional decisional making factor of the user.
With regard to claim 2, Zhang further discloses where the vending machine dispenser includes a plurality of drink containers and lids for packaging the mixture (see e.g. [0048-53] cup(s) with sealed lids [0059]).
With regard to claim 3, Zhang further discloses where the inventory storage container includes a plurality of silos for holding the raw materials (see e.g. [0028]).
With regard to claim 4, Zhang further discloses where the inventory storage container includes a conveyor system for collecting the raw materials for transport to the mixer (see e.g. [0045-46]).
With regard to claim 5, Zhang further discloses where the reader is a Q-Code reader (see e.g. [0067]).
With regard to claim 6, Zhang further discloses where the operations management application includes a route planning module (see e.g. [0081]).
With regard to claim 7, Zhang further discloses where the operations management application includes a transaction management module (e.g. [0011-12], [0072-73]).
With regard to claim 8, Zhang further discloses where the operations management application includes an inventory management module (see e.g. [0011]).
With regard to claim 9, Zhang further discloses where the operations management application includes a sales management module (see [0011] [0081]).
With regard to claim 10, Zhang further discloses where the operations management application includes a product management module (see [0011] [0081]).
With regard to claim 11, Zhang further discloses where the vending machine includes a washer (see [0007] cleaning system; [0055-56]).
With regard to claim 12, Zhang further discloses where the mobile device communicates the code to the reader in a contactless manner (see [0074] tapping an NFC device; [0075]).
With regard to claim 15, Zhang further discloses where the plurality of raw materials can include frozen fruits, vegetables, protein, and probiotics (e.g. [0032] [0003] [0022]). For the buttons, see the combination of Zhang and Cronin, with regard to claim 1, where Cronin at e.g. Fig. 4 teaches the buttons for raw materials, and motivation.
With regard to claim 16, Zhang does not disclose, and Cronin teaches wherein the app is configured for user registration (see Cronin, Fig 3A-3C, Profile GUI has screens where the user inputs age, height, weight, allergies, conditions, vitamin goals, and then hits continue/finish). Therefore, it would have been obvious to one of ordinary skill in the user profile art to include the ability to provide user registration data, as shown in Cronin, where the user interface 330 includes elements that facilitate receiving input that identifies consumption parameters or goals 335 for the user. For example, the user may provide a number of beverages to be prepared and consumed each day by the user, a total amount of beverages to be consumed, a percentage of total calories to be allotted to the beverages, and so on. See Cronin, e.g. [0044].
With regard to claim 17, Zhang further discloses the app includes at least one of a payment icon and a checkout icon (see e.g. [0074]).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, Cronin, and further in view of U.S. Pat. Pub. No. 2017/0364886 to Barragan et al. (“Barragan”).
With regard to claim 18, Zhang does not disclose claim 18. Barragan teaches at e.g. [0030] [0070-87] the distributed network of vending/POS machines, and [0056] [0083] [0084] [0116] [0139] detecting and searching nearest and near vending machine kiosks via e.g. proximity detection module. Therefore, it would have been obvious to one of ordinary skill in the VM art to modify Zhang’s system to include the distributed network of VMs and the ability to search/detect nearest VMs via the app, as shown in Barragan, as the advantage is in a situation where the user has multiple VMs to choose from, an indication of the nearest terminal can enable the user to spend the least amount of energy resources to receive the item (such as by driving/walking the nearest distance) and get the item as quick as possible (such that the user might be buying an item like a bandaid, where if needed in an emergency they would want this as quickly as possible).
With regard to claim 19, Zhang does not disclose claim 19. Barragan teaches this at [0033] The transmitted beacon signal is used to “awaken” the corresponding application on a consumer's mobile computing node connect to the VM over the BLE wireless protocol. Once this data connection is established, the mobile computing node application serves as a client endpoint for the sales transaction. The application sends requests to the centralized server (e.g., via 3G and/or Wi-Fi) to identify the buyer, authorize the sale, collect the funds, and display marketing or other promotional/loyalty information. Once authorized, the mobile computing node application instructs the BLE device in the VM to vend the product. Therefore, it would have been obvious to one of ordinary skill in the vending art before the effective filing date of the claimed invention to modify Zhang to include such functionality as this allows the connect the mobile device of user to the VM, which allows for things like collecting the funds, and displaying marketing or other promotional/loyalty information to be displayed to the user, in addition to other things. See Barragan, [0033]
Response to Arguments
The examiner has fully considered Applicant’s arguments filed on 10/27/2025.
The examiner has withdrawn the 112 rejections.
Applicant’s arguments with respect to prior art have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/PETER LUDWIG/Primary Examiner, Art Unit 3627