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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 16-20) in the reply filed on 10/3/2025 is acknowledged.
Claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/3/2025. A complete reply to the non-final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Priority
This application claims benefit of U.S. provisional application no. 63/335,003, filed on 4/26/2022.
Information Disclosure Statement
The information disclosure statements (IDS) is submitted on 6/8/2024 was filed in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement has been considered by the examiner.
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 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fox (US 20220084142 A1).
Claim 16-19 are also/alternatively rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fox (US 20220084142 A1).
Regarding claim 16, Fox teaches a global position system (GPS) real-time delivery system (Paragraph 0076; data processing unit or module, 110) comprising:
a menu server (Paragraph 0076; data processing unit or module, 110), configured to store at least one menu of an establishment (Paragraph 0033; display menu for customer to explore and order. Paragraph 0058; an ORB [Order-ready Board] display some or all of a restaurant’s menu option, and from which customers determine what they are going to order. In some embodiments, an ORB and menu may be in a single structure, and in other embodiments, an ORB is not a menu [i.e., not in a single structure]. Figure 1 and Paragraph 0062; customer access a menu of available items. The menu will generally be available on an interactive website or mobile application (app) that can be accessed by customer through his/her mobile device (cell phone, computer tablet, computer, and the like));
an establishment device of the establishment (Paragraph 0033; display menu for customer to explore and order, i.e., the establishment may be the restaurant that the customer is ordering from. Paragraph 0087; each restaurant unit 320, 322 and 324, will have its own server that will be able to communicate with the central data processor 310. The order data starts off on the server (data processor) hosting the website, ordering system, or application, and is then passed to the appropriate store server), configured to receive orders and customer information (Paragraph 0033; display menu for customer to explore and order. Paragraph 0058; an ORB [Order-ready Board] display some or all of a restaurant’s menu option, and from which customers determine what they are going to order. In some embodiments, an ORB and menu may be in a single structure, and in other embodiments, an ORB is not a menu [i.e., not in a single structure]. Figure 1 and Paragraph 0062; customer access a menu of available items. The menu will generally be available on an interactive website or mobile application (app) that can be accessed by customer through his/her mobile device (cell phone, computer tablet, computer, and the like). Paragraph 0087; each restaurant unit 320, 322 and 324, will have its own server that will be able to communicate with the central data processor 310. The order data starts off on the server (data processor) hosting the website, ordering system, or application, and is then passed to the appropriate store server);
a mobile device, of a customer (Figure 1 and Paragraph 0062; customer access a menu of available items. The menu will generally be available on an interactive website or mobile application (app) that can be accessed by customer through his/her mobile device (cell phone, computer tablet, computer, and the like)), configured to:
receive at least one menu from the menu server (Figure 1 and Paragraph 0062; customer access a menu of available items. The menu will generally be available on an interactive website or mobile application (app) that can be accessed by customer through his/her mobile device (cell phone, computer tablet, computer, and the like). Paragraph 0073; displaying the menu or ordered items there is provided, in some embodiments, an interactive sensor (usually a button) on the menu displayed on the customer’s mobile device or computer that will allow nutrition information for the menu or ordered items to be displayed);
place an order from the at least one menu (Figure 1 and Paragraph 0062; customer access a menu of available items. The menu will generally be available on an interactive website or mobile application (app) that can be accessed by customer through his/her mobile device (cell phone, computer tablet, computer, and the like)) including order items (Paragraph 0073; displaying the menu or ordered items) and delivery information (Paragraph 0075; an order placed for delivery); and
provide customer information including real-time GPS information to the establishment device (Paragraph 0130; the ordering system is provided with internal or external maps, and the capability of estimating travel time to the restaurant location(s), either internally, or through connection with an external module or system. Customers with mobile devices having location abilities (such as equipped to communicate with global positioning system (GPS), GLONASS, etc.). The mobile device (potentially embedded in a vehicle) runs a software (such as mobile app) that conveys the customer's location to the order system. The order system monitors the customer's location. Examiner asserts when the restaurant monitors customer’s GPS location, it may be interpreted as real-time GPS information. Further, in Paragraph 0044; mobile ordering system may dynamically tracking customer locations);
wherein the real-time GPS information is provided to the establishment device to adjust the order preparation start time (Paragraph 0130; the ordering system is optimized for fresh-cooked food, which is particularly advantageous for restaurant locations that specialize in food being just prepared as the customer receives it. In some such embodiments, the ordering system is provided with internal or external maps, and the capability of estimating travel time to the restaurant location(s), either internally, or through connection with an external module or system. Customers with mobile devices having location abilities (such as equipped to communicate with global positioning system (GPS), GLONASS, etc.). The mobile device (potentially embedded in a vehicle) runs a software (such as mobile app) that conveys the customer's location to the order system. The order system monitors the customer's location, calculates the time required to arrive, and triggers order preparation to start once the calculated time from the customer's current location is approximately the same as the order preparation time).
Regarding claim 17, Fox teaches all of the limitations of claim 16, as described above. Further, Fox teaches wherein the delivery information is a specific location (Paragraph 0075; an order placed for delivery also receives a text message on his/her mobile device or computer, to notify them that a delivery driver has departed from the restaurant with their order and gives them an updated arrival time based on current traffic conditions. Examiner asserts when delivery driver delivers the order, it is delivered to a specific location entered by the customer during ordering) and the customer information further includes time estimates, wherein the time estimates provide an estimated time of arrival of the customer at a specific location (Paragraph 0130; the ordering system is optimized for fresh-cooked food, which is particularly advantageous for restaurant locations that specialize in food being just prepared as the customer receives it. In some such embodiments, the ordering system is provided with internal or external maps, and the capability of estimating travel time to the restaurant location(s), either internally, or through connection with an external module or system. Customers with mobile devices having location abilities (such as equipped to communicate with global positioning system (GPS), GLONASS, etc.). The mobile device (potentially embedded in a vehicle) runs a software (such as mobile app) that conveys the customer's location to the order system. The order system monitors the customer's location, calculates the time required to arrive, and triggers order preparation to start once the calculated time from the customer's current location is approximately the same as the order preparation time).
Regarding claim 18, Fox teaches all of the limitations of claim 16, as described above. Further, Fox teaches wherein the delivery information includes a specific delivery time (Paragraph 0062; the menu display also includes means for the customer to indicate the desired pick up wait time (for example: as soon as possible, 10 minutes, tomorrow, etc.). Paragraph 0075; an order placed for delivery. Paragraph 0066; for future planned orders where a customer selects a specific time slot and day, the system will determine whether or not the order can be produced (and delivered) by the time requested, and inform the customer on its device screen) and the real-time GPS information enables the order to be delivered to the current location of the customer at the specific delivery time (Paragraph 0130; the ordering system is optimized for fresh-cooked food, which is particularly advantageous for restaurant locations that specialize in food being just prepared as the customer receives it. In some such embodiments, the ordering system is provided with internal or external maps, and the capability of estimating travel time to the restaurant location(s), either internally, or through connection with an external module or system. Customers with mobile devices having location abilities (such as equipped to communicate with global positioning system (GPS), GLONASS, etc.). The mobile device (potentially embedded in a vehicle) runs a software (such as mobile app) that conveys the customer's location to the order system. The order system monitors the customer's location, calculates the time required to arrive, and triggers order preparation to start once the calculated time from the customer's current location is approximately the same as the order preparation time).
Regarding claim 19, Fox teaches all of the limitations of claim 16, as described above. Further, Fox teaches wherein the order is delivered by a drone (Paragraph 0089; receive and provide data (directions etc.) to a deliver driver or drone. Paragraph 0117; the same GPS tracking is used to enable drone delivery or any other delivery method to static locations or moving vehicles while in transit. For the example above, the customer may wish to order, but not stop; preferring to have a drone meet the moving vehicle with the food order), wherein the drone has an onboard computing device to receive the real-time GPS information for delivering the order to a current location of the customer (Paragraph 0117; the same GPS tracking is used to enable drone delivery or any other delivery method to static locations or moving vehicles while in transit. For the example above, the customer may wish to order, but not stop; preferring to have a drone meet the moving vehicle with the food order).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Fox, as applied in claim 16 above, further in view of Meter (US 20160189287 A1).
Regarding claim 20, Fox teaches all of the limitations of claim 16, as described above.
Fox does not explicitly teach wherein the establishment is a golf course and the customer is a patron of the golf course. In an analogous art, Meter teaches wherein the establishment is a golf course and the customer is a patron of the golf course (Paragraph 0025; a method for ordering, receiving, and paying for drink and food services using a smart phone to scan a mobile vehicle tag, such as one found on a golf cart used on a golf course that can provide identification and location information. Figure 4 and Paragraph 0030; method for the present invention in on embodiment as applied to a golf course. The user uses electronic device scans the bar code found on the golf cart the user is using to navigate the golf course 402. Next, the user selects his food, drink, and/or service order items from a menu displayed on the phone and that is currently available to him for delivery on the golf course 403. After placing the order, the electronic device sends the order wirelessly to the mobile delivery cart 404. At the delivery cart, the order is received and prepared for delivery to the user 405. A calculating engine determines the amount of time it will take to prepare the order and the predicted location of the ordering user at the time the order is ready for delivery 406. This allows the user to continue playing his round of golf while the order is being prepared and to have the order delivery to him at a future location as he continues playing 408. The calculation engine provides the delivery cart a location estimate on where to find the ordering user once the order is prepared and ready for delivery 407). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Fox and Meter because it would allow the user to continue playing his round of golf while the order is being prepared and to have the order delivery to him at a future location as he continues playing (Meter; Paragraphs 0017 and 0030).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cao (US 20190385209 A1) discloses image based viewing and ordering food item for delivery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jing Gao/
Examiner
Art Unit 2647
Prosecution Insights