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 11-19 have been added as new claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/20/2023 and 10/24/2025 was filed before the mailing of this action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 11-19 are objected to because of the following informalities:
Claim 11 recites the limitation “machineto”. This appears to be a typographical error. Appropriate correction is required.
Claim 19 recites the limitation “applicationfor”. This appears to be a typographical error. Appropriate correction is required.
For clarity, it is also suggested that applicant be consistent in what the vending machine is to be called. For instance, in claim 14 and 15 the product vending machine is now called the beverage vending machine. It is okay to specify that the product vending machine is a beverage vending machine, however.
Dependent claims 12-19 are also objected to due to their dependence on objected claim 11.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the user terminal" . There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the user terminal is being interpreted as the mobile terminal mentioned in previous limitations of the claim. Applicant should use consistent terminology to avoid further confusion. The same user terminal recitation is also present in claim 13.
Dependent claims 12-19 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second 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; [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 :establish [a short-range communication] with [the user terminal]; communicate with [the user terminal] to receive therefrom information on a product to be delivered; 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, and 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 delivery 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 produce. 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. 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 filed 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 user 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, user 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. 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. 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11 and 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cuppari (2019/0259077).
Claim 11: 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)
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; (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)
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: establish a short-range communication with the user 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 user terminal to receive therefrom information on a product to be delivered; and (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)
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 13: The product vending system of claim 11, wherein:
the product vending machine and the user 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; ¶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)
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)
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuppari (2019/0259077) in view of Forutanpour (2022/0114854).
Claim 12: The product vending system of claim 11, wherein:
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.
Cuppari discloses a tag that enables information from the vending machine to be downloaded or displayed on the mobile device, 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. Forutanpour suggests or discloses this limitation/concept: (Forutanpour ¶0171 disclosing the routine begins when a user launches a mobile application on their current phone; the user downloads the mobile application via the Apple® App Store℠, Google Play™ store, Amazon® Appstore™, or some other vender; in some embodiments the user scans a machine-readable code (e.g., barcode or QR code) on a kiosk and the phone automatically launches the mobile application). 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 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 as taught by Forutanpour. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Cuppari such that user can browse items within the kiosk (see ¶0171 of Forutanpour).
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DIONE N. SIMPSON
Primary Examiner
Art Unit 3628
/DIONE N. SIMPSON/Primary Examiner, Art Unit 3628