DETAILED ACTION
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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saunders (US pub 2019/0244211).
Regarding claim 1, Saunders discloses a vending machine (see title, abstract; sec 0006-0009; figs. 1-4) comprising:
a plurality of dispensing modules upon which items offered by the vending machine are placed (electro-mechanical dispensing components; sec 0018, 0019; e.g. citing sec 0019, etc, “The slots may be substantially horizontal, such as embodiments that include a conveyor belt, shelf, or coil,…”), wherein the dispensing modules include:
(i) a motor configured to activate a dispensing mechanism in a forward direction or a reverse direction (motors 214, actuators; sec 0041, 0043), and
(ii) an indication unit (screen, indications, display; sec 0021, 0029, 0039, 0042, 0045, 0047, 0052, 0055; fig. 2);
a planogram database (units 230, 0232, 234, 236, 0040, 0045, 0046) configured to store a planogram indicating an arrangement of the items offered by the vending machine with respect to the plurality of dispensing modules (sec 0041, 0043, 0067);
a scanner (sec 0048) configured to detect an identifier associated with items to be loaded into the vending machine (sec 0048);
one or more non-transitory memories configured to store a set of computer executable instructions (sec 0039, 0078); and
a controller (202; fig. 2; sec 0039) coupled to the plurality of dispensing modules, the planogram database, the scanner, and the one or more non-transitory memories (sec 0018, 0019, 0039, 0045, 0046, 0048), wherein the controller is configured to execute the set of computer executable instructions to:
detect, via the scanner, a read event indicative of an item to be loaded, the read event indicating an item identifier (sec 0018, 0019, 0039, 0045, 0046, 0048);
query the planogram to identify a first dispensing module corresponding to the item identifier (sec 0018, 0019, 0039, 0045, 0046, 0048); and
activate an indication unit of the first dispensing module (sec 0018, 0019, 0021, 0029, 0038-0042, 0045, 0046, 0048).
Regarding claim 2, Saunders discloses the vending machine of claim 1,
wherein:
the indication unit includes one or more light emitting diodes (LEDs) or a display screen (screen, indications, display; sec 0019, 0021, 0029, 0038, 0039, 0042, 0045, 0047, 0052, 0055; fig. 2); and
to activate the indication unit, the controller is configured to activate the one or more LEDs of the first dispensing module or depict an image on the display screen [sec 0019, 0038, 0039; for example citing sec 0019, “ slots may be substantially horizontal, such as embodiments that include a conveyor belt, shelf, or coil, or substantially vertically. In an example, each individual storage unit of the slot is associated with a sensor and/or a slot location identifier”; also citing sec 0038, “In some implementations, the instructions are displayed in a planogram format such that the service personnel is able to readily determine item location within the vending machine 115”; also citing sec 0039, “One set of instructions may be an inventory control application 242 that contains instructions to facilitate inventory control functionality. For example, the inventory control application 242 may maintain an accurate record of the various items stored at the vending machine 215. This record may be maintained at the inventory database 232 of the persistent memory 230. The records in the inventory database 232 may include indications of an item identifier, a stock keeping unit (SKU) identifier, a location (such as a slot identifier].
Regarding claim 11, Saunders discloses a method of providing assisted restocking at a vending machine (see title, abstract; sec 0006-0009; figs. 1-4) that includes:
(a) a plurality of dispensing modules upon which items offered by the vending machine are placed (electro-mechanical dispensing components; sec 0018, 0019), wherein the dispensing modules include:
(i) a motor configured to activate a dispensing mechanism in a forward direction or a reverse direction (motors 214, actuators; sec 0041, 0043), and
(ii) an indication unit (screen, indications, display; sec 0021, 0029, 0039, 0042, 0045, 0047, 0052, 0055; fig. 2);
(b) a planogram database (units 230, 0232, 234, 236, 0040, 0045, 0046) configured to store a planogram indicating an arrangement of the items offered by the vending machine with respect to the plurality of dispensing modules (sec 0041, 0043, 0067);
(c) one or more non-transitory memories configured to store a set of computer executable instructions (sec 0039, 0078); and
(d) a controller (202; fig. 2; sec 0039) coupled to the plurality of dispensing modules, the planogram database, the scanner, and the one or more non-transitory memories (sec 0018, 0019, 0039, 0045, 0046, 0048), the method comprising:
detecting, via a scanner communicative coupled to a controller of the vending machine, a read event indicative of an item to be loaded, the read event indicating an item identifier (sec 0018, 0019, 0039, 0045, 0046, 0048);
querying, via the controller, the planogram to identify a first dispensing module corresponding to the item identifier (sec 0018, 0019, 0039, 0045, 0046, 0048); and
activating, via the controller, the indication unit of the first dispensing module (sec 0018, 0021, 0029, 0039, 0039, 0042, 0045, 0046, 0048).
Regarding claim 12, Saunders discloses the method of claim 11, wherein: the indication unit includes one or more light emitting diodes (LEDs) or a display screen (screen, indications, display; sec 0021, 0029, 0039, 0042, 0045, 0047, 0052, 0055; fig. 2); and
activating the indication unit comprises activating, via the controller, the one or more LEDs of the first dispensing module or depict an image on the display screen (sec 0018, 0021, 0029, 0039, 0039, 0041, 0042, 0045, 0046, 0048).
Regarding claim 13, Saunders discloses the method of claim 11, further comprising:
analyzing, via the controller, the planogram to determine that an additional item is to be loaded into the first dispensing module (sec 0018, 0021, 0029, 0039, 0039, 0041, 0042, 0045, 0046, 0048); and
controlling, via the controller, the motor of the first dispensing module to activate the dispensing mechanism in a reverse direction (sec 0018, 0021, 0029, 0039, 0039, 0041, 0042, 0045, 0046, 0048).
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 3-7, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Saunders (US pub 2019/0242211) in view of Smith Gower (WO 2022/246136).
Regarding claim 3, Saunders discloses the vending machine of claim 1, but did not particularly recite “weight sensors”. However, Smith Gower teaches of a Vending machine wherein the plurality of dispensing modules further include a weight sensor disposed proximate to a front end of the dispensing module (Smith Gower; sec 026, 046).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Saunders as taught by Smith Gower for the purpose of having the Saunders device to detect items purchased or removed from the vending machine or items added to the vending machine to maintain proper and efficient inventory thereof.
Regarding claim 4, Smith Gower teaches of the vending machine of claim 3, wherein the controller is configured to:
detect, via the weight sensor of the first dispensing module, that the item was loaded into the first dispensing module (Smith Gower; sec 026, 046).
Regarding claim 5, Saunders discloses the vending machine of claim 4, wherein the controller is configured to:
analyze the planogram to determine that an additional item is to be loaded into the first dispensing module (sec 0035, 0038, 0039); and
control the motor of the first dispensing module to activate the dispensing mechanism in a reverse direction (sec 0035, 0038, 0039, 0041).
Regarding claim 6, Smith Gower teaches of the vending machine of claim 3, wherein the controller is configured to:
detect, via the weight sensor of a second dispensing module, that the item was loaded into an incorrect dispensing module (Smith Gower; sec 026, 046).
Regarding claim 7, Smith Gower teaches of the vending machine of claim 6, wherein the controller is configured to:
perform one or more of disabling the scanner, causing the indication unit of the second dispensing module to operate in an alert state and present an alert via an output device of the vending machine (provide a notification, indication that items in vendor need to be replenished , such as using lighting, LCD screens or labels on the shelf, or audio prompts or other indicators to warn about replenishing; sec 068).
Regarding claim 16, Saunders discloses the method of providing assisted restocking at a vending machine as in claim 11, but did not particularly recite, “that the item was loaded into an incorrect dispensing module”.
However, Smith Gower teaches a method of providing assisted restocking at a vending machine comprising:
detecting, via a sensor of a second dispensing module, that the item was loaded into an incorrect dispensing module (Smith Gower; sec 026, 046); and
performing, via the controller, one or more of disabling the scanner, causing the indication unit of the second dispensing module to operate in an alert state, and present an alert via an output device of the vending machine (provide a notification, indication that items in vendor need to be replenished , such as using lighting, LCD screens or labels on the shelf, or audio prompts or other indicators to warn about replenishing; sec 068).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Saunders as taught by Smith Gower for the purpose of having the Saunders device to detect items purchased or removed from the vending machine or items added to the vending machine to maintain proper and efficient inventory thereof.
Allowable Subject Matter
Claims 8-10, 14, 15, 17-20 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 prior art does not disclose claim 8, 17 and its dependent claims thereof.
8. The vending machine of claim 1, wherein the controller is configured to:
query the planogram to identify that the first dispensing module includes a blocking item blocking a position on the first dispensing module at which the item is to be placed;
query the planogram to identify a second dispensing module at which the blocking item can be temporarily placed; and
activate the indication unit of the second dispensing module.
9. The vending machine of claim 8, wherein to activate the indication unit of the first dispensing module and the indication unit of the first dispensing module, the controller is configured to: activate the indication unit of the first dispensing module to indicate a presence of the blocking item; and activate the indication unit of the second dispensing module to indicate a target dispensing unit for the blocking item.
10. The vending machine of claim 8, wherein the controller is configured to detect the read event subsequent to the blocking item being placed on the second dispensing unit.
14. The method of claim 11, further comprising querying, via the controller, the planogram to identify that the first dispensing module includes a blocking item blocking a position on the first dispensing module at which the item is to be placed; querying, via the controller, the planogram to identify a second dispensing module at which the blocking item can be temporarily placed; and activating, via the controller, the indication unit of the second dispensing module.
15. The method of claim 14, wherein activating the indication unit of the first dispensing module and the indication unit of the first dispensing module comprises:
activating, via the controller, the indication unit of the first dispensing module to indicate a presence of the blocking item; and activating, via the controller, the indication unit of the second dispensing module to indicate a target dispensing unit for the blocking item.
17. A vending machine comprising:
a plurality of dispensing modules upon which items offered by the vending machine are placed, wherein the dispensing modules include:
(i) a motor configured to activate a dispensing mechanism in a forward direction or a reverse direction, and
(ii) an indication unit;
a planogram database configured to store a planogram indicating an arrangement of a plurality of dispensing modules with respect to a plurality of mounting modules;
one or more non-transitory memories configured to store a set of computer executable instructions; and
a controller coupled to the plurality of dispensing modules, the planogram database, and the one or more non-transitory memories, wherein the controller is configured to execute the set of computer executable instructions to:
detect an event indicating that a previous planogram maintained at the planogram database is to be updated to a new planogram;
compare the previous planogram to the new planogram to identify a change in the arrangement of the plurality of dispensing modules with respect to the plurality of mounting modules; and
indicate, via the illumination units of the plurality of dispensing modules, the change in the arrangement of the plurality of dispensing modules with respect to the plurality of mounting modules.
18. The vending machine of claim 17, wherein: the change is to remove a particular dispensing module from a particular mounting module; and to indicate the change in the arrangement, the controller is configured to activate the indication unit for the particular dispensing module.
19. The vending machine of claim 18, wherein: the change further includes coupling the particular dispensing module to a second mounting module; and to indicate the change, the controller is configured to display an indication of the second mounting module via an output device of the vending machine.
20. The vending machine of claim 19, wherein the controller is configured to: detect that the particular dispensing module was coupled to a mounting module other than the mounting module indicated by the new planogram; and activate the indication unit for the particular dispensing module in an alert state.
Response to Arguments
Applicant's arguments filed 3/5/2026 have been fully considered but they are not persuasive.
Even though applicant traversed the 112 rejections in the office action dated 11/06/2025 amendments were made to overcome the 112 rejections.
Applicant argues that there is a contradiction in the 102 rejections because the office action stated that claims 1-20 were anticipated under 35 U.S.C. 102(a)(1) by Saunders and then the office action again stated the at claims 8-10, 14, 15, 17-20 are objected. It is respectfully asserted that if there was a contradiction then it was harmless because claims 8-10, 14, 15, 17-20 are objected and Claims 1, 2, 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saunders.
Next, the applicant argues that,
“Further still, the Present Action provides no explanation as to how the identify passages relate to the claimed features of the remaining claims. For example, Applicant is unclear how paras. [0018] and [0019] relate to detecting a read event via a scanner. As another example, it is unclear how the description in para. [0029] of Saunders related to a customer electronic device 105 obtaining indications of user inputs to control an application executing on the customer electronic device 105 relates to activating an indication unit of a vending machine.”
The examiner respectfully disagrees. All cited sections and the prior art as a whole have to be considered by applicant. Sections 0048 teaches of a controller configured to detect, via the scanner, a read event indicative of an item to be loaded, the read event indicating an item identifier. See for example sec 0048, “As yet another example, the vending machine 215 may include one or more cameras, scanners, or other sensors connected to track the items stored at the vending machine 215 and/or to support security surveillance, stock monitoring, scanning customer electronic devices, and/or customer biometric recognition, for example.”
That is the scanner is connected to a controller (202; fig. 2; sec 0039), “………The program memory module 240 may also store computer-readable instructions that regulate the operation of the vending machine. One set of instructions may be an inventory control application 242 that contains instructions to facilitate inventory control functionality. For example, the inventory control application 242 may maintain an accurate record of the various items stored at the vending machine 215. This record may be maintained at the inventory database 232 of the persistent memory 230. The records in the inventory database 232 may include indications of an item identifier, a stock keeping unit (SKU) identifier,…”. As such the the controller receives i.e. DETECT all data scanned i.e. READ by the scanner. An item to loaded is understood to refer to stocking or restocking the inventory, meaning that new items are loaded into the vending machine so that sales of the new items it facilitated. As a matter of fact, applicant did not explain where the item is loaded. The prior art clearly indicated that the item is loaded in the vending machine also referred to as stocking, restocking, inventory, etc. The detected item is referring to a read event indicating that the scanner scanned an identified item using an item identifier, wherein each individual item is uniquely tagged (such as with an RFID tag or a QR or other barcode) as in sec 0040..
Next, the applicant argues that, “As another example, it is unclear what structure of Saunders assertedly reads on the indication units of the plurality of dispensing modules.” It is respectfully submitted that there is no such limitation. It is understood that the claim reads at least as follows:
Claim 1……., and activate an indication unit of the first dispensing module. …”:
Claim 2…..,.., “the vending machine of claim 1, wherein: the indication unit of the first dispensing module includes one or more light emitting diodes (LEDs) or a display screen; and to activate the indication unit of the first dispensing module,”.
It is respectfully submitted that the display screen in the prior art refers to “Claim 1……., and activate an indication unit of the first dispensing module. …”: and also refers to , “Claim 2…..,.., “the vending machine of claim 1, wherein: the indication unit of the first dispensing module includes one or more light emitting diodes (LEDs) or a display screen; and to activate the indication unit of the first dispensing module,”.
The prior art teaches:
“ the controller is configured to activate the one or more LEDs of the first dispensing module or depict an image on the display screen [sec 0019, 0038, 0039; for example citing sec 0019, “ slots may be substantially horizontal, such as embodiments that include a conveyor belt, shelf, or coil, or substantially vertically. In an example, each individual storage unit of the slot is associated with a sensor and/or a slot location identifier”; also citing sec 0038, “In some implementations, the instructions are displayed in a planogram format such that the service personnel is able to readily determine item location within the vending machine 115”; also citing sec 0039, “One set of instructions may be an inventory control application 242 that contains instructions to facilitate inventory control functionality. For example, the inventory control application 242 may maintain an accurate record of the various items stored at the vending machine 215. This record may be maintained at the inventory database 232 of the persistent memory 230. The records in the inventory database 232 may include indications of an item identifier, a stock keeping unit (SKU) identifier, a location (such as a slot identifier]. Emphasis added!
Next applicant argues that the prior art does not use of weights sensors. The examiner respectfully disagrees. Using or an item is not a requirement for patentability. The way an item is used as compared to the way another uses the item is not a criteria for patentability in the MPEP.
It is respectfully submitted that the prior arts teach the invention:
Regarding claim 3, Saunders discloses the vending machine of claim 1, but did not particularly recite “weight sensors”. However, Smith Gower teaches of a Vending machine wherein the plurality of dispensing modules further include a weight sensor disposed proximate to a front end of the dispensing module (Smith Gower; sec 026, 046).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Saunders as taught by Smith Gower for the purpose of having the Saunders device to detect items purchased or removed from the vending machine or items added to the vending machine to maintain proper and efficient inventory thereof.
Regarding claim 4, Smith Gower teaches of the vending machine of claim 3, wherein the controller is configured to:
detect, via the weight sensor of the first dispensing module, that the item was loaded into the first dispensing module (Smith Gower; sec 026, 046).
Regarding claim 5, Saunders discloses the vending machine of claim 4, wherein the controller is configured to:
analyze the planogram to determine that an additional item is to be loaded into the first dispensing module (sec 0035, 0038, 0039); and
control the motor of the first dispensing module to activate the dispensing mechanism in a reverse direction (sec 0035, 0038, 0039, 0041).
Regarding claim 6, Smith Gower teaches of the vending machine of claim 3, wherein the controller is configured to:
detect, via the weight sensor of a second dispensing module, that the item was loaded into an incorrect dispensing module (Smith Gower; sec 026, 046).
The asserted motivation why the prior art is combined is taught in claim 3 from which claims 4 and 6 depend on.
Is asserted that the rejections are proper, the rejections therefore stand.
Conclusion
The prior art Segal; Mara Clair (US 2011/0054673 A1) and Walker; Jay S (US 2008/0249658 A1) made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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