Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-10 are canceled. Claims 11, 13, and 19 are amended. Claims 11-19 are pending.
Response to Arguments
Applicant’s arguments, see pg. 6, filed 03/26/2026, with respect to the claim objections have been fully considered and are persuasive. The claim objections have been withdrawn.
Applicant’s arguments, see pg. 10, filed 03/26/2026, with respect to 35 U.S.C. 112(b) have been fully considered and are persuasive. The 35 U.S.C. 112(b) rejection has been withdrawn.
Applicant's arguments filed 03/26/2026 regarding 35 U.S.C. 101 have been fully considered but they are not persuasive.
Applicant argues that the previous Office Action’s 101 rejection is not clear which recitations are not a part of the abstract idea. Examiner disagrees. The Office Action places the “additional elements” in brackets and clearly indicates in the Office Action “The features or elements in brackets in the above Step 2A Step One section are inserted for reading clarity, but are analyzed as “additional elements” in Step 2A Prong Two and Step 2B below”, and the subsequently analyzes said additional elements under Step 2A Prong Two and Step 2B. Applicant’s argument is invalid.
Applicant argues that the Office Action has not demonstrated that any recitations of the claims are directed to certain methods of organizing human activity. Examiner disagrees. The Federal Circuit has explained that "the 'directed to' inquiry applies a stage-one filter to claims, considered in light of the specification, based on whether 'their character as a whole is directed to excluded subject matter."' Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335 (Fed. Cir. 2016) (quoting Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1346 (Fed. Cir. 2015)). It asks whether the focus of the claims is on a specific improvement in relevant technology or on a process that itself qualifies as an "abstract idea" for which computers are invoked merely as a tool. Here, it is clear from the Specification (including the claim language) that claim 11 focuses on an abstract idea, and not on an improvement to technology and/or a technical field. The specification discloses: [0006] The Applicant has observed that, in order to avoid the circulation of germs, viruses, bacteria or other pathogenic micro-organisms which can survive, even for a limited time, on surfaces and in the environment, and which can therefore lead to the spread of contagious infectious diseases, it is important to reduce contact or by-air contamination as much as possible. [0007] In vending machines, this situation occurs in particular when several consumers gather around the beverage vending machine for the so-called coffee break, due to both the inevitable excessive interpersonal proximity (congregation) and the need for hand contact with the user interfaces, usually touchscreen displays, of vending machines for selecting and personalising beverages or edible food products. [0010] The aim of the present invention is thus to provide a product vending system, in particular a beverage vending system, which overcomes the problems of the prior art. [0011] According to the present invention, a product vending system, in particular a beverage vending machine, is provided, as claimed in the appended claims. These portions of the specification, along with the claim limitations of claim 11 show that the invention and claims are drawn towards a vending machine system where users may order items to be dispensed via mobile phones; remotely coordinating a vending transaction between a user and a vending machine utilizing generic mobile communication technology. The claims recite limitations that directly correspond to certain methods of organizing human activity (managing personal interactions or behavior; commercial interactions; business relations), as evidenced by limitations detailing users requesting a vending machine to deliver a product, the user communication with the vending machine via their mobile phone to browse a display showing items and requesting items, downloading a mobile app, and causing the vending machine to deliver the requested item. Further, regarding the sub-groupings, MPEP §2106.04 clearly states “the sub-groupings encompass both activity of a single person and activity that involves multiple people (such as a commercial interaction), and thus, certain activity between a person and a computer (for example a method of anonymous loan shopping that a person conducts using a mobile phone) may fall within the "certain methods of organizing human activity" grouping. This is analogous to applicant’s invention where a user is making a purchase via vending machine via phone. The claims recite the abstract idea of certain methods or organizing human activity.
Applicant further argues that the Office Action has not demonstrated that any of the claims are directed towards mental processes. Examiner disagrees. The applicant’s claims also correspond to mental processes (observation, evaluation, judgment, opinion) as evidenced by the user communicating with their device that displays items for the user to request, and the user making a request for a product, and based on the request the vending machine delivering the product. The limitations directly involve the evaluation and observation of data and a judgment/opinion (decision) made based on the observed and evaluated data. The claim recites an abstract idea. Applicant’s argument that the Office Action has not demonstrated how “short-range communication” can be performed in the human mind, nor how the vending machine delivering the product. As indicates in the office action, the vending machine delivering the product corresponds to both certain methods of organizing human activity and mental processes. The use of a mobile device by a user to communicated with a vending machine to engage in a transaction (buying a product of the machine) which resets in the vending machine dispensing the item the user chose directly corresponds to managing personal interactions. Regarding applicant’s argument on “short range communication”, the Office Action has clearly indicated that limitation or feature as an “additional element” under Step 2A Prong Two and Step 2B. The additional elements of a mobile application downloadable and executable on a mobile terminal, a graphical user interface to be displayed by the mobile terminal, and a short-range communication between the product vending machine and mobile terminal are computer components recited at a high-level of generality performing the above-mentioned limitations. The combination of the additional elements are no more than mere instructions to apply the judicial exception using a generic computer. Applicant is also reminded that, under MPEP §2106.04(a)(2)(III) which addresses “Mental Processes”, claims can recite a mental process even if they are claimed as being performed on a computer. If the claimed invention is described as a concept that is performed in the human mind and applicant is merely claiming that concept performed 1) on a generic computer, or 2) in a computer environment, or 3) is merely using a computer as a tool to perform the concept, the claim is considered to recite a mental process (which is the case in the applicant’s claims). Further, under mental processes, the claims discloses limitations detailing a user requesting a product from a vending machine which includes receiving information on deliverables, providing the vending machine with information indicative of a product to be delivered, and as a result, the vending machine delivering the product. This is directly the observation and evaluation of data (regarding a product being selected, etc.) and making a judgment or decision based on the observed and evaluated data (to deliver the product indicated as selected). The claims recite mental processes as well as certain methods of organizing human activity.
Under Step 2A Prong Two, applicant argues that the office action does not demonstrate that the claims recite a practical application, mainly that it has not been demonstrated how the vending machine is a generic computer. Applicant should be aware that the Office Action makes it clear that the vending machine was classified as generally linking the judicial exception to a particular field of use. Applicant’s argument lacks merit. The judicial exception is not integrated into a practical application simply because the claims recite the additional elements of: a product vending machine, a mobile application downloadable and executable on a mobile terminal, a tag, a graphical user interface to be displayed by the mobile terminal, and a short-range communication between the product vending machine and mobile terminal. The additional elements of a mobile application downloadable and executable on a mobile terminal, a graphical user interface to be displayed by the mobile terminal, and a short-range communication between the product vending machine and mobile terminal are computer components recited at a high-level of generality performing the above-mentioned limitations. The combination of the additional elements are no more than mere instructions to apply the judicial exception using a generic computer. Further, the additional elements of the tag and product vending machine amounts to generally linking the judicial exception to a particular field of use (contactless vending; remote vending transactions between a user and a vending machine). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Applicant further argues under Step 2A Prong Two that their claims include an improvement to the functioning of a computer or technology, said alleged improvement being “allowing a higher degree of cleanliness of the product vending machine, reduces the incidence of transmission of pathogenic micro-organisms, and allows communication between mobile terminals and product vending machines even in the absence of mobile network coverage or wired or wireless computer networks”. This is not an improvement to computers or technology. At best, the alleged improvement indicates an improvement in the judicial exception itself (certain methods of organizing human activity). It is important to keep in mind that an improvement in the judicial exception itself (e.g., a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG LLC, the court determined that the claim simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology. Similarly, the Applicant’s claim recitations are an improvement in the judicial exception, not an improvement in technology. Using a contactless method for vending that reduces the transmission of micro-organisms due to removing the need for direct human contact with a vending machine, does not improve computers or technology. The communication between mobile terminals and product vending machines as indicated in the applicant’s claims amounts to remotely coordinating a vending transaction between a user and a vending machine utilizing generic mobile communication technology.
The remaining portion of applicant’s arguments speaks to the amended limitations: “the interface information is used by the mobile application to construct and display on the mobile terminal the graphical user interface in real-time and in synchronization with currently state of the product vending machine". The additional elements (mobile app and terminal and product vending machine) has already been addressed as “apply it” or generally using a computer as a tool to implement the judicial exception.
communicate with the mobile terminal via a short-range wireless communication interface that comprises an e-beacon functionality capable of actively emitting beacon signals to expedite identification and establishment of communication by the mobile terminal with the product vending machine based on the beacon signals." Similar to above, this is “apply it” or generally using a computer as a tool to implement the judicial exception.
"dynamically display the tag on a user interface of the product vending machine in response to a specific trigger event, the specific trigger event comprising at least one of: a request from the consumer on the mobile application; one or more particular times; a selected periodicity; the product vending machine entering a non-delivery condition, the non-delivery condition including at least one of a stand-by mode, an energy-saving mode, or the product vending machine having not delivered any products to a selected period of time; or the short-range wireless communication interface detecting via the e-beacon functionality that the mobile terminal is proximate or otherwise detecting that the mobile terminal is approaching the product vending machine." Similar to above, this is “apply it” or generally using a computer as a tool to implement the judicial exception. This is also displaying data.
The 35 U.S.C. 101 rejection is maintained.
Applicant’s arguments with respect to 35 U.S.C. 102 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 recites the limitation “wherein the interface information is used by the mobile application to construct and display on the mobile terminal the graphical user interface in real-time and in synchronization with a current state of the product vending machine”. There is no sufficient support for the displaying in real-time and in synchronization with a current state of the product vending machine. Thus, this limitation is considered new matter.
Dependent claims 12-19 are also rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, due to their dependency on the rejected claim above.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Claims 11-19 recite a system (i.e. machine). Therefore claims 11-19 fall within one of the four statutory categories of invention.
Independent claim 11 recites the limitations: [a mobile application downloadable and executable on a mobile terminal of a consumer] and designed to cause, when executed by [the mobile terminal], [the mobile terminal] to become configured to communicate and cooperate with [the product vending machine] to allow the consumer to request the product vending machine to deliver a product; [a tag] to be associated with [the product vending machine] and containing communication information to allow [a short-range communication] to be established between [the product vending machine] and [the mobile terminal] and interface information representative of [a graphical user interface] to be displayed by [the mobile terminal] to allow the consumer to request the product vending machine to deliver a product, wherein the interface information is used by the [mobile application] to construct and display on the [mobile terminal] the [graphical user interface] in real-time and in synchronization with a current state of the [product vending machine]; [the mobile application] is further designed to cause, when executed by [the mobile terminal], [the mobile terminal] to become configured to: read [the tag] to extract the communication and interface information contained therein; establish [a short-range communication] with [the product vending] machine based on the communication information read from [the tag]; communicate with [the product vending machine] to receive therefrom information on the products deliverable thereby; construct and display [the graphical user interface] based on the interface information read from [the tag]; and communicate with [the product vending machine] to provide it with information indicative of a product to be delivered; [the product vending machine] is configured to: communicate with the [mobile terminal] via a [short-range wireless communication interface] that comprises an e-beacon functionality capable of actively emitting beacon signals to expedite identification and establishment of communication by the [mobile terminal] with the [product vending machine] based on the beacon signals; establish [a short-range communication] with [the mobile terminal]; communicate with [the mobile terminal] to receive therefrom information on a product to be delivered; dynamically display [the tag] on a [user interface of the product vending machine] in response to a specific trigger event, the specific trigger event comprising at least one of: a request from the consumer on the mobile application; one or more particular times; a selected periodicity; the product vending machine entering a non-delivery condition, the non- delivery condition including at least one of a stand-by mode, an energy-saving mode, or the [product vending machine] having not delivered any products to a selected period of time; or the [short-range wireless communication interface] detecting via the e-beacon functionality that the [mobile terminal] is proximate or otherwise detecting that the [mobile terminal] is approaching the [product vending machine]; and deliver a requested product. The invention and claims are drawn towards a vending machine system where users may order items to be dispensed via mobile phones; remotely coordinating a vending transaction between a user and a vending machine utilizing generic mobile communication technology. The claims recite limitations that directly correspond to certain methods of organizing human activity (managing personal interactions or behavior; commercial interactions; business relations), as evidenced by limitations detailing users requesting a vending machine to deliver a product, the user communication with the vending machine via their mobile phone to browse a display showing items and requesting items, downloading a mobile app, and causing the vending machine to deliver the requested item. The claims also correspond to mental processes (observation, evaluation, judgment, opinion) as evidenced by the user communicating with their device that displays items for the user to request, and the user making a request for a product, and based on the request the vending machine delivering the product. The limitations directly involve the evaluation and observation of data and a judgment/opinion (decision) made based on the observed and evaluated data. The claim recites an abstract idea.
Note: The features or elements in brackets in the above Step 2A Step One section are inserted for reading clarity, but are analyzed as “additional elements” in Step 2A Prong Two and Step 2B below.
The judicial exception is not integrated into a practical application simply because the claims recite the additional elements of: a product vending machine, a mobile application downloadable and executable on a mobile terminal, a tag, a graphical user interface to be displayed by the mobile terminal, and a short-range communication between the product vending machine and mobile terminal. The additional elements of a mobile application downloadable and executable on a mobile terminal, a graphical user interface to be displayed by the mobile terminal, and a short-range communication between the product vending machine and mobile terminal are computer components recited at a high-level of generality performing the above-mentioned limitations. The combination of the additional elements are no more than mere instructions to apply the judicial exception using a generic computer. Further, the additional elements of the tag and product vending machine amounts to generally linking the judicial exception to a particular field of use (contactless vending; remote vending transactions between a user and a vending machine). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using a generic computer and generally linking the judicial exception to a particular field of use. Mere instructions to apply an exception using a generic computer cannot provide an inventive concept. Thus, when viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 13 recites the limitations that [the product vending machine] and [the mobile terminal] comprise respective [short-range wireless communication interfaces]; and the communication information contained in [the tag] comprises information identifying [the short-range wireless communication interface] of [the product vending machine]. The limitations are further directed to the abstract idea analyzed above. The claim also recites the additional elements of the product vending machine, mobile terminal, short-range wireless communication interfaces, and the tag. The additional elements of the user terminal and short-range wireless communication interfaces amount to “apply it” or merely using a computer as a tool to implement the judicial exception. The tag and product vending machine amounts to generally linking the judicial exception to a particular field of use (contactless vending; remote vending transactions between a user and a vending machine). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Further, when viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 17 recites the limitation that [the tag] is [a QR code] readable by [a QR code scanner of the mobile terminal]. The limitations are further directed to the abstract idea analyzed above. The claim also recites the additional elements of the tag being a QR code and a QR code scanner of the mobile terminal. The tag/QR code amounts to generally linking the judicial exception to a particular field of use . The mobile terminal and QR code scanner amounts to generally linking the judicial exception to a particular field of use (contactless vending; remote vending transactions between a user and a vending machine). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Further, when viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claims 12, 14-16, 18 and 19 recite additional limitations that are further directed to the abstract idea analyzed in the rejected claims above. The claims also recite additional elements that have been analyzed in the rejected claims above. Thus, claims 12, 14-16, 18 and 19 are also rejected under 35 U.S.C. 101.
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.
Claim(s) 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuppari (2019/0259077) in view of Zabala (2015/0235202) in view of Todasco (2021/0004463).
Claim 11: Cuppari discloses: A product vending system, comprising:
a product vending machine; (Cuppari ¶0023 disclosing beverage dispenser; ¶0080 disclosing that the dispenser may be a vending machine)
a mobile application downloadable and executable on a mobile terminal of a consumer and designed to cause, when executed by the mobile terminal, the mobile terminal to become configured to communicate and cooperate with the product vending machine to allow the consumer to request the product vending machine to deliver a product; (Cuppari ¶0030 disclosing a downloadable app executed on a mobile device; the app downloaded and executed on the mobile device being capable of communicating directly or indirectly with a beverage dispenser; see also ¶0032; ¶0039 the beverage dispenser app engages with the beverage dispenser to cause the beverage dispenser to dispense a beverage selected and/or created by the user of the mobile device; ¶0049 disclosing the user making their order or request)
Cuppari in view of Zabala discloses:
a tag to be associated with the product vending machine and containing communication information to allow a short-range communication to be established between the product vending machine and the mobile terminal and interface information representative of a graphical user interface to be displayed by the mobile terminal to allow the consumer to request the product vending machine to deliver a product, wherein the interface information is used by the mobile application to construct and display on the mobile terminal the graphical user interface in real-time and in synchronization with a current state of the product vending machine;
Cuppari discloses a tag to be associated with the product vending machine and containing communication information to allow a short-range communication to be established between the product vending machine and the mobile terminal and interface information representative of a graphical user interface to be displayed by the mobile terminal to allow the consumer to request the product vending machine to deliver a product, and also displaying a current state of the product vending machine: (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser (current state); selectable soft-button (not shown) may cause the user interface to display selectable ingredients and/or flavors for the user to select and create a blend of the selected ingredients; ¶0064 user interface may present a list of available food and/or beverage options; see also Fig. 11 and ¶0067; ¶0002 disclosing the development of mobile apps that allow customers to order their meals on a real-time basis). Cuppari, also strongly suggested in the cited portions above, does not explicitly disclose the interface information is used by the mobile application to construct and display on the mobile terminal the graphical user interface in real-time. Zabala suggests or discloses this limitation/concept: (Zabala ¶0006 disclosing a prior art solution of upgrading a traditional vending machine to a modern vending machine with alternative payment means (such as mobile phone), real-time telemetry functionality (for remote monitoring and controlling a vending machine) and integrated multimedia features (such as a graphical user interface, multimedia advertising and info kiosk capabilities)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cuppari to include the interface information is used by the mobile application to construct and display on the mobile terminal the graphical user interface in real-time as taught by Zabala 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; one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Cuppari, as modified above, discloses the following limitations:
the mobile application is further designed to cause, when executed by the mobile terminal, the mobile terminal to become configured to: read the tag to extract the communication and interface information contained therein; (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; selectable soft-button (not shown) may cause the user interface to display selectable ingredients and/or flavors for the user to select and create a blend of the selected ingredients; ¶0064 user interface may present a list of available food and/or beverage options; see also Fig. 11 and ¶0067)
establish a short-range communication with the product vending machine based on the communication information read from the tag; (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; ¶0039 mobile device may communicate directly with the dispenser using a local communications protocol, such a Wi-Fi®, Bluetooth®, or other local communications channel, or via a mobile wireless communications channel or otherwise)
communicate with the product vending machine to receive therefrom information on the products deliverable thereby; (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; selectable soft-button (not shown) may cause the user interface to display selectable ingredients and/or flavors for the user to select and create a blend of the selected ingredients; ¶0032 disclosing the user being able to browse beverage selection options via the app; ¶0064 user interface may present a list of available food and/or beverage options; see also Fig. 11 and ¶0067)
construct and display the graphical user interface based on the interface information read from the tag; and (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; selectable soft-button (not shown) may cause the user interface to display selectable ingredients and/or flavors for the user to select and create a blend of the selected ingredients; ¶0032 disclosing the user being able to browse beverage selection options via the app; ¶0064 user interface may present a list of available food and/or beverage options; see also Fig. 11 and ¶0067)
communicate with the product vending machine to provide it with information indicative of a product to be delivered; (Cuppari ¶0031 mobile device may include a food services app and beverage dispenser app may be integrated to provide for enhanced food services ordering functionality within a food services outlet; food services app may be a mobile application available to be used to place an order; the food services app may interact with the beverage dispenser app in the event that a user desires to purchase a beverage that is dispensed by a beverage dispenser; ¶0035 the user may select his or her beverage associated with the beverage order data via a user interface to cause the dispenser to create and dispense the beverage from the dispenser)
the product vending machine is configured to: communicate with the mobile terminal via a short-range wireless communication interface that comprises an e-beacon functionality capable of actively emitting beacon signals to expedite identification and establishment of communication by the mobile terminal with the product vending machine based on the beacon signals; (Cuppari ¶0006 an API connection from a food outlet app to a cloud-based beverage dispenser interface system; the cloud-based beverage dispenser interface system may communicate information to the food outlet app, beverage dispenser at the food outlet, and/or POS for dispensing; ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; ¶0033 the mobile device may communicate via network with a food services order fulfillment server; the mobile device may receive a beacon communication to initiate a communicating with a point-of-sale system at the food services outlet; the point-of-sale system may be in communication with a beverage dispenser to communicate beverage orders to be dispensed thereby; see also ¶0038; ¶0039 mobile device may communicate directly with the dispenser using a local communications protocol, such a Wi-Fi®, Bluetooth®, or other local communications channel, or via a mobile wireless communications channel or otherwise)
Note: the limitation(s) “the product vending machine is configured to: communicate with the mobile terminal via a short-range wireless communication interface that comprises an e-beacon functionality capable of actively emitting beacon signals to expedite identification and establishment of communication by the mobile terminal with the product vending machine based on the beacon signals, is intended use. Statements reciting the purpose or intended use of the claimed invention must be evaluated to determine whether or not the recited purpose or intended use results in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art.
establish a short-range communication with the mobile terminal; (Cuppari ¶0006 an API connection from a food outlet app to a cloud-based beverage dispenser interface system; the cloud-based beverage dispenser interface system may communicate information to the food outlet app, beverage dispenser at the food outlet, and/or POS for dispensing; ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; ¶0039 mobile device may communicate directly with the dispenser using a local communications protocol, such a Wi-Fi®, Bluetooth®, or other local communications channel, or via a mobile wireless communications channel or otherwise)
communicate with the mobile terminal to receive therefrom information on a product to be delivered; (Cuppari ¶0063 disclosing selectable soft-button may cause the user interface to display selectable ingredients and/or flavors for the user to select and create a blend of the selected ingredients; ¶0032 disclosing the user being able to browse beverage selection options via the app; ¶0064 user interface may present a list of available food and/or beverage options; see also Fig. 11 and ¶0067; ¶0039 the mobile device, executing the beverage dispenser app, may be configured to communicate the beverage order data directly to the beverage dispenser when in communication with the beverage dispenser; ¶0035 the user may select his or her beverage associated with the beverage order data via a user interface to cause the dispenser to create and dispense the beverage from the dispenser)
Cuppari in view of Zabala further in view of Todasco discloses:
dynamically display the tag on a user interface of the product vending machine in response to a specific trigger event, the specific trigger event comprising at least one of: a request from the consumer on the mobile application; one or more particular times; a selected periodicity; the product vending machine entering a non-delivery condition, the non- delivery condition including at least one of a stand-by mode, an energy-saving mode, or the product vending machine having not delivered any products to a selected period of time; or the short-range wireless communication interface detecting via the e-beacon functionality that the mobile terminal is proximate or otherwise detecting that the mobile terminal is approaching the product vending machine; and
Cuppari discloses a tag displayed on a user interface of the product vending machine, but does not explicitly disclose dynamically display the tag on a user interface of the product vending machine in response to a specific trigger event, the specific trigger event comprising at least one of: a request from the consumer on the mobile application; one or more particular times; a selected periodicity; the product vending machine entering a non-delivery condition, the non- delivery condition including at least one of a stand-by mode, an energy-saving mode, or the product vending machine having not delivered any products to a selected period of time; or the short-range wireless communication interface detecting via the e-beacon functionality that the mobile terminal is proximate or otherwise detecting that the mobile terminal is approaching the product vending machine. Todasco suggests or discloses this limitation/concept: (Todasco ¶0013 disclosing displayable machine-readable codes, such as barcodes and quick response (QR) codes, may be placed at locations or on objects where users may utilize computing devices, such as mobile phones, to image the codes and retrieve data from the codes; the displayable code may be dynamic based on an output device that displays the code, such as a display screen displaying the code; the dynamic code may display a series of codes that change based on a time interval or code refresh interval (one or more particular times; a selected periodicity)); Fig. 3 and ¶0015 also discloses the codes displayed on a vending machine). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Cuppari in view of Zabala to include dynamically display the tag on a user interface of the product vending machine in response to a specific trigger event, the specific trigger event comprising at least one of: a request from the consumer on the mobile application; one or more particular times; a selected periodicity; the product vending machine entering a non-delivery condition, the non- delivery condition including at least one of a stand-by mode, an energy-saving mode, or the product vending machine having not delivered any products to a selected period of time; or the short-range wireless communication interface detecting via the e-beacon functionality that the mobile terminal is proximate or otherwise detecting that the mobile terminal is approaching the product vending machine as taught by Todasco. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Cuppari in view of Zabala in order to ensure the tag being displayed are valid (see ¶0002 of Todasco).
Cuppari as modified above discloses the following:
deliver a requested product. (Cuppari ¶0035 the user may select his or her beverage associated with the beverage order data via a user interface to cause the dispenser to create and dispense the beverage from the dispenser)
Claim 12: The product vending system of claim 11, wherein:
Cuppari discloses that the tag further comprises download information, but does not explicitly disclose that the tag further comprises download information to enable the mobile application to be downloaded from an app store to the mobile terminal; and the mobile terminal is configured to download the mobile application based on the download information read from the tag. Zabala suggests or discloses this limitation/concept:
the tag further comprises download information to enable the mobile application to be downloaded from an app store to the mobile terminal; and the mobile terminal is configured to download the mobile application based on the download information read from the tag. (Zabala ¶0042 the user may download the application from an app store and install it on the smartphone; the user may sign in the application and select the vending machine number displayed on the smartphone after scanning a quick response (QR) code displayed or posted on the vending machine)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cuppari to include the tag further comprises download information to enable the mobile application to be downloaded from an app store to the mobile terminal; and the mobile terminal is configured to download the mobile application based on the download information read from the tag as taught by Zabala 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; one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 13: The product vending system of claim 11, wherein: the product vending machine and the user mobile terminal comprise respective short- range wireless communication interfaces; and the communication information contained in the tag comprises information identifying the short-range wireless communication interface of the product vending machine. (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; ¶0038 mobile device 402 may receive a beacon communication to initiate a communicating with the food service order fulfillment server 410 to initiate an order at the food services outlet; service order fulfillment server 410 may parse the order data 416 to identify beverage order data 418 embedded or associated therewith; ¶0039 mobile device may communicate directly with the dispenser using a local communications protocol, such a Wi-Fi®, Bluetooth®, or other local communications channel, or via a mobile wireless communications channel or otherwise; a registration or other process may be performed by the beverage dispenser 414 to verify that the user of the mobile device 402 has an account with the beverage dispenser server)
Claim 14: The product vending system of claim 11, wherein:
the product vending machine is a beverage vending machine; and (Cuppari ¶0023 disclosing beverage dispenser; ¶0030 disclosing the selections being prepackaged beverages; ¶0080 disclosing that the dispenser may be a vending machine)
the graphical user interface displayed by the mobile terminal is designed to allow a consumer to control delivery of a beverage requested to the beverage vending machine. (Cuppari ¶0035 the user may select his or her beverage associated with the beverage order data via a user interface to cause the dispenser to create and dispense the beverage from the dispenser)
Claim 15: The product vending system of claim 14, wherein the graphical user interface displayed by the mobile terminal is further designed to allow a consumer one or more of interrupting the delivery of a beverage and personalising a beverage requested to the beverage vending machine. (Cuppari ¶0063 disclosing user interface may provide for the user to select or create his or her own beverage or beverage mix; the user interface may notify the user that the mobile device has automatically connected with the dispenser; selectable soft-button may be selected by the user to list saved favorite beverages or beverage mixes that were produced by the user or shared by another user; selected or created blended beverage may be converted into a drink code representative of the ingredients, and communicated from the mobile device directly or indirectly to the dispenser for dispensing thereby)
Claim 16: The product vending system of claim 11, wherein:
the product vending machine comprises a user interface designed to display a graphical user interface on which products deliverable by the product vending machine are displayed; and (Cuppari ¶0031 mobile device may include a food services app and beverage dispenser app may be integrated to provide for enhanced food services ordering functionality within a food services outlet; food services app may be a mobile application available to be used to place an order; the food services app may interact with the beverage dispenser app in the event that a user desires to purchase a beverage that is dispensed by a beverage dispenser; ¶0035 the user may select his or her beverage associated with the beverage order data via a user interface to cause the dispenser to create and dispense the beverage from the dispenser; user interface on a display at the dispenser may list orders sent to the display by users, and the user may select his or her order from the list of orders; ¶0050 disclosing first app may display or instruct the second app to display the most popular beverages or any other beverage statistic at the food services outlet)
the mobile application is further designed to cause, when executed by the mobile terminal, the graphical user interface displayed by the mobile terminal to display the same list of products as the one displayed on the graphical user interface displayed by the product vending machine. (Cuppari ¶0069 disclosing beverage dispenser 1304 may be in communication with remote electronic devices 1306a-1306c (collectively 1306) that provide for a customer to purchase food and/or beverages by interacting with a user interface 1308 displayed thereon; ¶0070 user interface 1308 may be common to each other, and be configured to display the same or similar information in the same or different configuration that that available on a personal mobile electronic device of a consumer)
Claim 17: The product vending system of claim 11, wherein the tag is a QR code readable by a QR code scanner of the mobile terminal. (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser)
Claim 18: A product vending machine, a tag to be associated with the product vending machine, and a mobile application for a mobile terminal designed to cooperate to implement the product vending system of claim 11. (Cuppari ¶0063 disclosing scanning a QR or other machine readable code positioned or displayed on the beverage dispenser; the user interface (of the mobile device) may enable the user to selectably connect with a dispenser; the user interface may notify the user that the mobile device has automatically connected with the dispenser; ¶0030 disclosing a downloadable app executed on a mobile device; the app downloaded and executed on the mobile device being capable of communicating directly or indirectly with a beverage dispenser)
Claim 19: Software loadable in a product vending machine and in a mobile application for a mobile terminal and designed to cause, when executed by the product vending machine and, respectively, the mobile terminal, the product vending machine and the mobile terminal to become configured to cooperate to implement the product vending system of claim 11. (Cuppari ¶0030 disclosing a downloadable app executed on a mobile device; the app downloaded and executed on the mobile device being capable of communicating directly or indirectly with a beverage dispenser; see also ¶0032; ¶0039 the beverage dispenser app engages with the beverage dispenser to cause the beverage dispenser to dispense a beverage selected and/or created by the user of the mobile device; ¶0072 disclosing the apps being executed on the remote electronic devices 1306 may be downloaded onto the remote electronic devices 1306 so as to be resident thereon and operated using deep linking or formed as a single app using a software development kit and API calls; communications with the remote server 1310 may be performed to obtain consumer data (e.g., favorites, blends, etc.). Alternatively, the food outlet app may be resident on the remote electronic devices 1306, and a beverage dispenser app may be called via the network 1312 to provide beverage selection functions)
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 DIONE N SIMPSON whose telephone number is (571)272-5513. The examiner can normally be reached M-F; 7:30 a.m.-4:30 p.m..
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DIONE N. SIMPSON
Primary Examiner
Art Unit 3628
/DIONE N. SIMPSON/Primary Examiner, Art Unit 3628
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