Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s “Response to Amendment and Reconsideration” filed on 6/27/2025 has been considered.
Claims 1-2, 4-12, 14-20 are pending in this application and an action on the merits follows.
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 1-2, 4-12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grabovski et. al. (U.S. Patent Publication No. 2016/0300217), in view of Coleman (U.S. Patent No. 5,839,115)
Regarding claims 1, 11, 20, Grabovski teaches a merchandise registration device for registering items of merchandise in a sales transaction; and a settlement terminal for receiving payment for settlement of the sales transaction, see Fig1B, 2;
wherein the merchandise registration device includes: a processor configured to: register merchandise to be purchased by a customer in the sales transaction; (capturing identification information with a local device for a local inaccessible product at a brick-and-mortar retail establishment, [10]);
receive a designation of services to be applied to the registered merchandise after settlement of the sales transaction; store the designation of services in association with the registered merchandise; and output a list of the registered merchandise associated with the designated services to be applied after settlement of the sale transaction.
(the user is able to select a different dispense type for each individual product 220 added to the virtual shopping cart…all the products 220 which have been added to the virtual shopping cart are shown to the user, and the user is allowed to select fulfillment or delivery options for all or for each product 220 which has been added to the virtual shopping cart… Delivery options preferably include information about locations at which the user wishes to have products 220 delivered to or picked-up from or loaded into the user's vehicle.
Preferably, upon adding the products 220 to the virtual cart at block 308, the user may select a checkout button, which moves the method to block 309 and presents the user with the total contents of the virtual shopping cart.
Upon showing all the products 220 which have been added to the virtual shopping cart to the user, and upon the user being allowed to select fulfillment options at block 309, the user may add additional products 220 at block 307.
Alternatively, upon showing all the products 220 which have been added to the virtual shopping cart to the user, and upon the user being allowed to select fulfillment at block 309, the user then has the option to select and/or register alternative fulfillment or dispense options for how the user wishes each product 220 in the virtual shopping cart to be fulfilled, at block 310, [89-93]).
display a list registered merchandise on the display screen in conjunction with a service request operator for each item of registered merchandise on the list by which the customer can designate a service to be applied to each item individually, see Fig. 3A, for each product in the order, a different order fulfillment method may be selected or entered in by the user, [60].
Grabovski substantially discloses the claimed invention, however does not explicitly teach when the service request operator for an item of registered merchandise on the list is operated, cause a service screen for designating the service to be applied to the item to be displayed as a popup screen over the list of registered merchandise on the display screen, wherein marks for services available of each item of registered merchandise on the list are displayed in conjunction with the item of registered merchandise on the list of registered merchandise on the display screen.
However, Coleman teaches (FIG. 15 illustrates a graphic representation of the view entire order screen which is accessed from the view entire order button from the menu screen..This monitoring system includes a display for displaying a representation of all customers, Col.2 ln 5-15),
in conjunction with a service request operator for each item of registered merchandise on the list by which the customer can designate a service to be applied to each item individually, (At function block 458, the items may be ordered by touching an icon representing the item or icons maybe touched representing alternate menus, such as those for liquor, appetizers, breakfast or drinks, Col.13 ln 40-46),
when the service request operator for an item of registered merchandise on the list is operated, cause a service screen for designating the service to be applied to the item to be displayed as a popup screen over the list of registered merchandise on the display screen, (If the person requests a modifier for their order that is not a mandatory or forced modifier, the server presses the modify button 578. A modify menu then pops up and the server may add or remove any modifiers, Col.15 ln 52-63),
wherein marks for services available of each item of registered merchandise on the list are displayed in conjunction with the item of registered merchandise on the list of registered merchandise on the display screen, (the modifiers that are selected will print with a "plus" or "minus" next to the item, indicating that the item selected should be added or left out of the order. There is no limit to the number of modifiers that one can select, (Fig. 14, Col.15 ln 52-63).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention, to modify the method of combination, to include the above limitations, as taught by Grabovski, in order to provide real time integration of time and data. (Col.1 ln 60-36).
Regarding claims 2 and 12, Grabovski teaches the processor is further configured to: add a charge for the designated services to a summed total of the prices of the registered merchandise of the sales transaction., (Payment for other types of products, such as local inaccessible products 221, online products, or remote products, may be made once the user receives the product 220 or the product 220 has been shipped or delivered to the user, [107]).
Regarding claims 4 and 14, Grabovski teaches display the list registered merchandise on the display screen in conjunction with a collective service request operator by which the customer can designate a service to be applied to every item of registered merchandise collectively, [59-60]
.
Regarding claims 5 and 15, Grabovski teaches a code reader configured to read encoded transaction data from an information terminal operated by the customer, (barcode reader, [20].
Regarding claims 6-7 and 16-17, Grabovski teaches the merchandise registration device is a semi-self-service point of sale terminal, is a mobile information device operated by the customer, Fig. 1B.
Regarding claims 8 and 18, Grabovski teaches the settlement terminal includes: a printer configured to print a transaction receipt corresponding to the list of the registered merchandise output by the processor, [21], receipt printed on POS register, [56].
Regarding claims 9 and 19, Grabovski teaches the printer is further configured to print a service designation receipt listing registered merchandise for which a service designation was received, [56].
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on Coleman reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s amendments and arguments have overcome the 35 U.S.C 101 rejection. The features such as display screen showing a list of merchandise, a service request operator for each item, a popup service screen overlay, marks indicating services associated with items, which specifies how the UI behaves and interacts (popup overlays, item-level indicators) and provide a concrete improvement to the way POS systems present and manage service designations. The Examiner has found such UI based technical improvement to be practical application.
Conclusion
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 MILENA RACIC whose telephone number is (571)270-5933. The examiner can normally be reached M-F 7:30am-4pm EST.
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/MILENA RACIC/Patent Examiner, Art Unit 3627
/FLORIAN M ZEENDER/Supervisory Patent Examiner, Art Unit 3627