Prosecution Insights
Last updated: May 29, 2026
Application No. 18/316,731

SYSTEM AND METHOD FOR QR CODE VALIDATION AND TRACKING OF BEVERAGE DISPENSING

Non-Final OA §103
Filed
May 12, 2023
Examiner
WAGGONER, TIMOTHY R
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Validfill LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
985 granted / 1376 resolved
+19.6% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
17 currently pending
Career history
1396
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
81.2%
+41.2% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1376 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fortunato et al. US 2018/0072555. Fortunato discloses a beverage dispensing system, comprising: (Re claim 1) “a point-of-sale device” (120 figure 2). “an application programming interface, wherein the point-of-sale device is configured to send a customer order to the application programming interface” (‘app’ para 0071). “a server, wherein the application programming interface is configured to send the customer order to the server and the server is configured to review the customer order for at least one target item, and wherein the server is configured to generate a QR code corresponding to the at least one target item” (‘beverage’, ‘QR code’ para 0040, 0041, ‘server’ para 0035). “a code display device configured to display the QR code.” (140 figure 2, 34,22 figure 4). Fortunato disclose transmitting or printing a QR code at the POS, the QR code to be presented by a customer device to a dispenser. Fortunato also discloses displaying a QR code at the dispenser and using a customer device to copy the QR code for later use (Para 0053). It would have been obvious to one skilled in the art that the POS could include a code display device in the form of a display screen so that a customer’s device can copy a QR code because it already uses a similar system to transmit QR codes and would have been an obvious choice for transmitting a QR code from the POS to the customer device. (Re claim 2) “the at least one target item is a beverage” (‘beverage’ para 0040). (Re claim 3) “the server comprises a database configured to store the QR code” (‘server’ para 0035, 48A figure 3) (Re claim 4) “a customer device configured to scan the QR code displayed on the code display device whereby the QR code is transferred from the code display device to the customer device” (120, 140 figure 2, ‘smart phone’ para 0039, 0057). (Re claim 5) “the customer device comprises an application configured to scan the QR code displayed on the code display device whereby the QR code is transferred from the code display device to the customer device” (‘smart phone’, ‘app’ para 0039, 0057). (Re claim 6) “the application is configured to store the QR code” (‘smart phone’, ‘app’ para 0039, 0057, ‘stored’ para 0034). (Re claim 7) “a code scanning device configured to scan the QR code from the customer device whereby the QR code is transferred from the customer device to the code scanning device, wherein the code scanning device is configured the send the QR code to the application programming interface and wherein the application programming interface is configured to send the QR code to the server, and wherein the server is configured to review the QR code to determine if the QR code is valid” (‘server’ para 0035, 48A figure, ‘interpret a … code’ para 0048). (Re claim 8) “a beverage dispensing machine in communication with the server, wherein the server is configured to send command signals to the beverage dispensing machine upon validating the QR code” (48A, 48B figure 3, 130 figure 2). (Re claim 9) “the beverage dispensing machine is configured to dispense a beverage” (para 0037, figure 13). (Re claim 10) “the QR code comprises a time restriction” (‘time interval’ para 0042). (Re claim 11) “the QR code comprises a use restriction” (‘maximum dispense amount’ para 0054). Fortunato discloses a method of dispensing a beverage, comprising: (Re claim 12) “sending a customer order to an application programming interface from a point-of-sale device” (‘app’ para 0071). “sending the customer order to a server from the application programming interface; reviewing the customer order for at least one target item; generating a QR code, wherein the QR code corresponds to the at least one target item” (‘beverage’, ‘QR code’ para 0040, 0041, ‘server’ para 0035). “displaying the QR code with a code display device” (140 figure 2, 34,22 figure 4). Fortunato disclose transmitting or printing a QR code at the POS, the QR code to be presented by a customer device to a dispenser. Fortunato also discloses displaying a QR code at the dispenser and using a customer device to copy the QR code for later use (Para 0053). It would have been obvious to one skilled in the art that the POS could include a code display device in the form of a display screen so that a customer’s device can copy a QR code because it already uses a similar system to transmit QR codes and would have been an obvious choice for transmitting a QR code from the POS to the customer device. (Re claim 13) “wherein the at least one target item is a beverage” (‘beverage’ para 0040). (Re claim 14) “scanning the QR code displayed on the code display device with a customer device; and transferring the QR code from the code display device to the customer device” (120, 140 figure 2, ‘smart phone’ para 0039, 0057). (Re claim 15) “storing the QR code on an application of the customer device” (‘smart phone’, ‘app’ para 0039, 0057, ‘stored’ para 0034). (Re claim 16) “displaying the QR code on the customer device; scanning the QR code displayed on the customer device with a code scanning device; and transferring the QR code from the customer device to the code scanning device” (‘server’ para 0035, 48A figure 2,3, ‘interpret a … code’ para 0048). (Re claim 17) “the code scanning device is in communication with the application programming interface, further comprising: sending the QR code from the code scanning device to the application programming interface; sending the QR code to the server; and reviewing the QR code to determine if the QR code is valid” (‘server’ para 0035, 48A figure, ‘interpret a … code’ para 0048). (Re claim 18) “the server is in communication with a beverage dispensing machine, further comprising; the server sending command signals to the beverage dispensing machine” (48A, 48B figure 3, 130 figure 2). (Re claim 19) “dispensing a beverage from the beverage dispensing machine” (para 0037, figure 13). (Re claim 20) “the step of reviewing the QR code to determine if the QR code is valid comprises reviewing the QR code to determine if there are any enforceable restrictions” (maximum dispense amount’ para 0054. ‘time interval’ para 0042). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0196110 discloses embedding limitations for beverage dispensing in a QR code as well as dispensers, POS and servers in communication with each other. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. TIMOTHY R. WAGGONER Primary Examiner Art Unit 3655 B /TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
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Prosecution Timeline

May 12, 2023
Application Filed
Apr 23, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
79%
With Interview (+7.4%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1376 resolved cases by this examiner. Grant probability derived from career allowance rate.

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