Final Rejection
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 § 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 1-11 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 1 recites the limitations “a predetermined event” as recited in 18. It is unclear as to what is a predetermined event that is recited. Appropriate clarification is required.
Claim 1 recites the limitations “whether the predetermined event has been completed” as recited in 18. It is unclear as to what determines the whether the predetermined event has been completed and what is a predetermined event. Appropriate clarification is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1,5-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 8,706,293)(alone).
Referring to claims 1,5 and 10. Lu discloses an automatic vending machine (10; Figure 1A) comprising:
a box-shaped cabinet (interior of 1) internally including a plurality of shelves (12) spaced apart from each other in an up-down direction (see Figure 1A);
a product outlet (24) provided at a lower portion of a front panel of the cabinet (1);
a product discharging device (see pusher disposed at rear of product column; Figure 4) provided on each of the plurality of shelves (12) in the cabinet and configured to discharge in a forward direction a product (16) loaded on the product discharging device (see pusher);
a bucket (40; Figure 1B) supported between the front panel and the plurality of shelves (see position of 40; in Figure 1B) so as to be movable in the up-down direction and configured to receive the product discharged from the product discharging device (46; see Figure 4); and
a bucket (40; Figure 1B) moving device (42) configured to move the bucket in the up-down direction,
wherein the automatic vending machine (1) further comprises:
an imaging unit (44; optical recognition module; see abstract) that captures an image including a placement surface (when a complete image of the product is taken the placement surface will also inherently be included as the product rests on the surface) on which the product received is loaded in the bucket (he optical recognition module can also be configured to optically determine identities of the products supported by the shelf. For example, in response to a selection of a desired product, the vending machine can be configured to retrieve the desired product based on the determined positions of the location markers, and the optical recognition module can be configured to verify the identity of the retrieved product by taking an image of the retrieved product and comparing it to an image of the desired product that is stored in a database; Col. 2 line 15-23), an imaging unit (44; optical recognition module; see abstract) being provided on a side in a width direction of the bucket (see Figure 4); and
a control unit (50; Figure 5) that controls operations at least of the product discharging device and the bucket moving device (40 and 48; Figure 5),
wherein the bucket (40; Figure 1B) has a width corresponding to a width of each of the plurality of shelves (the width of the buckets corresponds to the width of the shelves but is not cite to be equal in width), wherein the plurality of shelves each includes a plurality of the product discharging devices (see pusher disposed at rear of product column; Figure 4) provided thereon in parallel in a width direction of each of the plurality of shelves (see Figure 4),
wherein the control unit (50; Figure 5) comprises a completion determining unit (algorithm of the controller to determine successful dispensing) that determines, based on a difference value for each pixel between data of two images each including the placement surface and captured by the imaging unit at respective timings before and after a predetermined event (can comprise optically scanning the products using the movable camera, determining identification information of the products based on the optical scanning of the products, and determining location information of the products relative to the support structure based on the optical scanning of the products. Determining identification information of the products can comprise capturing images of the products with the movable camera and comparing the captured images to stored product images. Comparing can comprise using regression analysis, such as dividing the captured images and the stored images into subsections and comparing corresponding subsections of the captured and stored images. Determining location information of the products can comprise determining horizontal and vertical boundaries of the products; Col. 2 line 57) among a plurality of events (dispensing event) related to movements of a product, whether the predetermined event has been completed (In some embodiments, the optical recognition module can be configured to optically determine identities of the products 16 using image recognition. As the carriage 40 moves across the products 16, the image recognition module can capture images, or continuous video, of the products using a camera attached to the carriage. The captured images can be of the forward facing aspects, or faces, of the products 16. The optical recognition module can then compare the captured images to a set of product images stored in a database to find a match. Each of the product images stored in the database can be correlated with a set of product identification information; Col. 7 line 24)
wherein the plurality of events includes a first event in which the product is received in the bucket, and
wherein, based on a difference value between data of two images each captured by the imaging unit at respective timings before and after the control unit outputs a discharging command to the product discharging device, the completion determining unit performs a first determination that determines whether the first event has been completed (In some embodiments, the optical recognition module can be configured to optically determine identities of the products 16 using image recognition. As the carriage 40 moves across the products 16, the image recognition module can capture images, or continuous video, of the products using a camera attached to the carriage. The captured images can be of the forward facing aspects, or faces, of the products 16. The optical recognition module can then compare the captured images to a set of product images stored in a database to find a match. Each of the product images stored in the database can be correlated with a set of product identification information; Col. 7 line 24).
Lu discloses a moveable camera 44 that can be moved to take images at different positions.
Lu does not disclose an image unit being provided on each side in a width direction of the bucket.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Lu to include an image unit being provided on each side in a width direction of the bucket because providing two cameras at each side end of the bucket would allow the image unit to capture different views of the product without have to move the camera thus reducing potential equipment failures.
Referring to claims 6 and 7. Lu discloses an automatic vending machine (10; Figure 1A) comprising:
wherein a conveyance of the product (16) is a product conveyance accompanying no movement relative to the bucket while the bucket is moving (when the product is disposed within the bucket as the bucket is moved), and
based on a result of comparison between data of two images captured by the imaging unit at respective timings immediately before the control unit outputs to the bucket moving device a bucket moving command to the position facing the product outlet, and immediately after the bucket having received the product is moved by the bucket moving device to the position facing the product outlet, the completion determining unit performs a third determination that determines whether the third event has been completed (In some embodiments, the optical recognition module can be configured to optically determine identities of the products 16 using image recognition. As the carriage 40 moves across the products 16, the image recognition module can capture images, or continuous video, of the products using a camera attached to the carriage. The captured images can be of the forward facing aspects, or faces, of the products 16. The optical recognition module can then compare the captured images to a set of product images stored in a database to find a match. Each of the product images stored in the database can be correlated with a set of product identification information; Col. 7 line 24; this comparison can be performed at any stage in the process of dispensing the product form the dispenser).
Referring to claims 8. Lu discloses an automatic vending machine (10; Figure 1A) comprising:
a product outlet door (door of 24) that opens and closes an opening of the product outlet (24); and
a door detecting unit that detects opening and closing of the product outlet door, wherein the plurality of events related to movement of product includes a fourth event in which the product is taken out from the bucket via the product outlet, and based on a result of comparison between data of an initial image captured by the imaging unit in a state in which no product is loaded on the placement surface and an image captured by the imaging unit at a timing after the product outlet door moves from an open to a closed position as a result of opening and closing thereof in a state in which the bucket having received the product has been moved by the bucket moving device to the position facing the product outlet, and the door detecting unit thereby detects that the product outlet door is in a closed state, the completion determining unit performs a third fourth determination that determines whether the fourth event has been completed (In some embodiments, the optical recognition module can be configured to optically determine identities of the products 16 using image recognition. As the carriage 40 moves across the products 16, the image recognition module can capture images, or continuous video, of the products using a camera attached to the carriage. The captured images can be of the forward facing aspects, or faces, of the products 16. The optical recognition module can then compare the captured images to a set of product images stored in a database to find a match. Each of the product images stored in the database can be correlated with a set of product identification information. This information can be preloaded into the database prior to the image recognition process. Comparing the captured images to the stored images can comprise regression analysis on subsections of the images, such as breaking the images down into subsections and comparing the corresponding pairs of subsections one at a time to look for matches. Other known image recognition techniques can also be used. Once a match is determined between a captured image and one of the stored product images, the product being analyzed can be identified and the corresponding product identification information can be stored in the database in correlation with the product location. Using this product image recognition method, the person loading products into the vending machine does not have to manually enter any information; the product identity and product location can be determined automatically during an initial optical scan by the optical recognition module; Col. 7 line 24).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 8,706,293) in view of Arai (US 2001/0048000 A1).
Referring to claim 3. Lu discloses an automatic vending machine (10; Figure 1A) comprising:
wherein the bucket (40; Figure 1B) has a width corresponding to a width of each of the plurality of shelves (corresponds to the width of the product thus the width of the shelf column).
Lu does not disclose wherein the product moving device in a form of a belt conveyor that moves the product in the width direction of the bucket.
Arai discloses an automatic vending machine (10; Figure 1) wherein a product moving device (30; Figure 4) in a form of a belt conveyor (32) that moves the product (1) in the width direction of the bucket (as seen in Figure 11B),
the plurality of shelves each include a plurality of the product discharging devices (30; Figure 4) provided thereon in parallel in a width direction of each of the plurality of shelves (see Figure 3), and an upper surface of an upper run of a belt (top surface of 32) of the product moving device (30) forms the placement surface (see Figure 4).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Lu to include the product moving device in a form of a belt conveyor that moves the product in the width direction of the bucket as taught by Arai because the products on the conveyor belt can be more easily moved to the bucket with reduced friction.
Referring to claim 4. See structure as recited in claim 2 above.
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 8,706,293) in view of Takahashi (JP 2008262249 A).
Referring to claims 9 and 11. Lu does not disclose a bucket illuminating unit provided at the bucket and configured to illuminate the placement surface.
Takahashi discloses vending machine (1; Figure 1) wherein a bucket illuminating unit (illuminating device) provided at the bucket (58) and configured to illuminate the placement surface (interior of 58 and 60).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Lu to include a bucket illuminating unit provided at the bucket and configured to illuminate the placement surface as taught by Takahashi because the products can be illuminated as they are received by the use.
It would have been further obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Lu in view of Takahashi to include wherein the control unit turns on the bucket illuminating unit immediately after a vending command for the product is input, and then, turns off the bucket illuminating unit immediately after the completion determining unit determines that the product has been taken out from the bucket via the product outlet door since adjustability to control the illumination of the products in the bucket can be configured to turn on and off the illumination as desired because controlling the turning on and off the illumination would the extend the life of the illuminating elements.
Response to Arguments
Applicant's arguments filed 10/22/2025 have been fully considered but they are not persuasive. See modified rejections cited above, including all newly added limitations.
In regards to applicant arguments “However, referring to FIGs.lA,1B, and 4 of Lu, the width of the movable carriage 40 is clearly narrower than that of the shelf 12. Thus, the movable carriage 40 does not have a width corresponding to the width of the shelf 12 on which the four rectangular elements are provided” the width of the bucket disclose by Lu has a width that corresponds to the width of the shelves of the vending apparatus. The Applicant does not specifically claim that the width of the bucket is equal to the width of the shelves thus, the width of the bucket of Lu only needs to correspond to the width of the shelf and not be equal.
Conclusion
The prior art 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/Primary Examiner, Art Unit 3651