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 Claims
This action is in reply to the communications filed on April 24, 2026. The Applicants’ Amendment and Request for Reconsideration has been received and entered.
Claims 22-41 are currently pending and have been examined. Claims 22 and 35 have been amended.
The previous rejection of claims 35-41 under 35 USC 101 has been withdrawn.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 24, 2026, has been entered.
Response to Arguments
The previous rejection of claims 35-41 under 35 USC 101 has been withdrawn in view of Applicants’ amendments. The Examiner notes that claim 35 recites an abstract idea that is a method of organizing a human activity because it recites a sales activity. However, the Examiner notes that the abstract idea is integrated into a practical application. For example, claim 35 recites receive, from a user device, an indication that an authentication of a user has been performed, the authentication comprising a comparison of the user information capture for the authentication with personal identifying information stored in a plurality of replica databases that form a distributed data storage accessible via a network, the personal identifying information being stored in the distributed data storage in response to a registration of the user that includes an age verification of the user prior to the authentication; and in response to the user being authenticated, permit purchase of a selected age-restricted product by the user and dispense the selected age-restricted product to the user, wherein the aerosol delivery device comprises a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component, and wherein the control circuitry is further configured to cause the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated. The combination of at least these additional elements uses the judicial exception in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. For example, per paragraph [0058] of the published application, processing circuitry prevents access (i.e., locks) the aerosol device depending on the age verification status. Thus, the claims are patent eligible.
Applicants’ arguments regarding the rejections under 35 USC 103 have been fully considered but, as they are directed to the instantly amended claims, they are moot in view of the new grounds of rejection.
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 35-41 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 35 recites “in response to the user being authenticated, permit purchase of a selected age-restricted product by the user and dispense the selected age-restricted product to the user, wherein the aerosol delivery device comprises a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component, and wherein the control circuitry is further configured to cause the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated.” Nowhere does Applicants’ originally-filed disclosure recite that the control circuitry of the dispensing device causes the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated.
Claims 36-41 inherits the deficiencies of claim 35.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22-23, 25-29, 32-35, and 37-41 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0050921 A1 to Ryner et al. (hereinafter “Ryner”), in view of US 2020/0000143 A1 to Anderson et al. (hereinafter “Anderson”).
Claim 22: Ryner discloses an “identification validation system and method” that “includes detecting that a first age restricted item has been selected for purchase at a first point of sale by a user” and “requiring that the user submit an identification instrument to verify an age of the user.” (See Ryner, at least Abstract). Ryner further discloses that “after the purchase is complete, prompting the user to enable the age validation feature of the mobile wallet application of the user mobile device.” (See Ryner, at least Abstract). Ryner further discloses:
a network (See Ryner, at least FIG. 1 and associated text, network);
a plurality of replica databases collectively forming a decentralized data storage, each of the plurality of replica databases being in communication with the network (See Ryner, at least FIG. 1 and associated text, item 111 identification database, item 112 product database, item 113 payment account database, etc. all connected by the network; para. [0034], identification database is a block chain database; blockchain database represents a distributed database structure such as a secure distributed transaction ledger to create a decentralized trusted network where information is distributed over a plurality of nodes);
a user device configured to communicate with the decentralized storage via the network (See Ryner, at least FIG. 1 and associated text; item 110, mobile device is coupled by the network to the various databases; para. [0026], identification validation system includes a mobile device); and
wherein the user device is further configured to register a user with the decentralized data storage by transmitting personal identifying information about a user to be stored at the decentralized data storage, prior to a purchase…, the personal identifying information including a name of the user and an age of the user, wherein registering the user comprises performing an age verification of the age of the user (See Ryner, at least para. [0049], computing system includes biometrics module that includes software code for prompting the user to enable the age validation feature of the mobile wallet application of the user mobile device; biometric module directs software application on user mobile device to access biometric data input functionality of the user mobile device; user can input a fingerprint, a voice signature a photograph, a video, a retinal scan, etc.; para. [0051], biometrics module stores the biometric it receives from the mobile device to the identification database on the computing system; para. [0033], software application also prompts the user to input identifying information such as name and data of birth; the user is also prompted to send a photograph of a government-issues identification such as a passport or driver’s license which is verified; the verified identification of the user is then stored in the identification database);
wherein the decentralized data storage is configured to access the personal identifying information to facilitate an authentication of the user subsequent to the user being registered with the decentralized data storage to permit a purchase and dispensing…(See Ryner, at least para. [0053], computing system includes a second detection module to detect that a second age restricted item has been selected for purchase at a second point of sale by a user; para. [0055], computing system includes second validation module that identifies biometric features of the user at a point of sale to verify an identify of the user; para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item, i.e., biometric features of the user are already stored on the database so this is after the user has registered with the database).
Ryner does not expressly disclose an aerosol delivery device configured to communicate with the user device; the aerosol delivery device comprising processing circuitry, a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component; and wherein, in response to a subsequent authorization of the user involving accessing the personal identifying information in the decentralized storage, the user device is configured to cause the aerosol delivery device to unlock and permit use of the aerosol delivery device by the user, wherein unlocking the aerosol delivery device comprises the processing circuitry of the aerosol delivery device receiving a signal based on the authentication and, in response, causing the switch to connect the power source to the aerosol production component to permit generation of an aerosol.
However, Anderson discloses a “vaporizer system may include a vaporizer device communicatively coupled with a user device configured to control the functions and/or features of the vaporizer device.” (See Anderson, at least Abstract). Anderson further discloses verifying the age of a user before activation of the vaporizer device. (See Anderson, at least paras. [0419]-[0420]). Anderson further discloses “After a user has been age verified and their associated vaporizer device is unlocked…,the user may be required to re-authenticate themselves periodically.” (See Anderson, at least para. [0426]).
Anderson further discloses an aerosol delivery device configured to communicate with the user device (See Anderson, at least FIG. 1A and associated text, vaporizer device contains communication hardware; para. [0222], vaporizer can be used for delivery of an aerosol (or “vapor”); para. [0270], vaporizer may be connected to (e.g., in communication with) an additional (e.g., portable, wearable, smartphone, desktop, laptop, etc.) device, which may enable user programmable dose control, real-time usage monitoring, personalized use settings, device lockout and social features); the aerosol delivery device comprising processing circuitry, a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component (See Anderson, at least FIG. 1A and associated text, vaporizer device containing controller, power source, atomizer, contacts between power source and atomizer); and wherein, in response to a subsequent authorization of the user involving accessing the personal identifying information in the decentralized storage, the user device is configured to cause the aerosol delivery device to unlock and permit use of the aerosol delivery device by the user, wherein unlocking the aerosol delivery device comprises the processing circuitry of the aerosol delivery device receiving a signal based on the authentication and, in response, causing the switch to connect the power source to the aerosol production component to permit generation of an aerosol (See Anderson, at least para. [0097], device in communication with a vaporizer; device executes application that can obtain information from and relay commands to the vaporizer; application relays commands to the controller of the vaporizer to affect one or more operations of the vaporizer; para. [0346], app may be configured to disable and/or lock the vaporizer responsive to location and/or time parameters; para. [0357], FIG. 29 shows requirement that a password or some biometric verification (e.g. a fingerprint sensor identifier, facial recognition, etc.) be received by the user's mobile device to re-authorize use of the vaporizer and to thereby cause the mobile device to communicate to the vaporizer controller that operation of the vaporizer should again be allowed; FIG. 1A and associated text; para. [0304], vaporizer includes a controller that controls the application of power to the heater from the battery, to heat and vaporize the vaporizable material; para. [0343], vaporizer locked by disabling power to and/or use of a heater element of the vaporizer, i.e., unlocked by enabling power to and/or use of a heater element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability of an aerosol delivery device configured to communicate with the user device; the aerosol delivery device comprising processing circuitry, a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component; and wherein, in response to a subsequent authorization of the user involving accessing the personal identifying information in the decentralized storage, the user device is configured to cause the aerosol delivery device to unlock and permit use of the aerosol delivery device by the user, wherein unlocking the aerosol delivery device comprises the processing circuitry of the aerosol delivery device receiving a signal based on the authentication and, in response, causing the switch to connect the power source to the aerosol production component to permit generation of an aerosol as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 23: The combination of Ryner and Anderson discloses all the limitations of claim 22 discussed above.
Ryner further discloses:
a vending machine configured to physically store and dispense upon purchase age-restricted products…(See Ryner, at least para. [0064], vending machine that sells age-restricted items);
wherein the vending machine is configured to:
in response to the user being authenticated, permit purchase and dispense the [product] from the vending machine for physical removal by the user (See Ryner, at least para. [0064], user registers with vending machine in State A by taking a photograph of the user with the user’s smartphone after an authenticated transaction; vending machine stores the photograph on the blockchain; user goes to a vending machine in State B to purchase an age-restricted item; vending machine “recognizes” the user from a camera on the vending machine and allows the user to purchase the age-restricted item).
The Examiner notes that the phrase “for physical removal by the user” appears to recite an intended use or non-functional descriptive language, in that actually removing the product from the vending machine does not appear to be an actively recited step in the method. As a result, the Examiner is assigning little patentable weight to this portion of claim 23.
Ryner does not expressly disclose that the age-restricted products include the aerosol delivery device.
However, Anderson discloses that the age-restricted products include the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device; para. [0222], vaporizer can be used for delivery of an aerosol (or “vapor”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability that the age-restricted products include the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 25: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner further discloses wherein the vending machine is further configured to not permit purchase of the…[product] in response to a failure to authenticate the user (See Ryner, at least para. [0059], if the confidence level of the match between data obtained at the point-of-sale and the stored biometric data, the second validation module rejects the validation, i.e., the user cannot purchase the age-restricted item).
Ryner does not expressly disclose that the age-restricted products include the aerosol delivery device.
However, Anderson discloses that the age-restricted products include the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device; para. [0222], vaporizer can be used for delivery of an aerosol (or “vapor”))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability that the age-restricted products include the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 26: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner further discloses wherein the vending machine comprises a self-service kiosk (See Ryner, at least para. [0064], user registers with vending machine in State A by taking a photograph of the user with the user’s smartphone after an authenticated transaction; vending machine stores the photograph on the blockchain).
Claim 27: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner further discloses wherein the vending machine communicates with the user device via direct wireless communication or via the network (See Ryner, at least para. [0064], user receives a notification from the vending machine on the user’s smartphone; user opens the notification and the camera application on the smartphone’ user registers with vending machine in State A by taking a photograph of the user with the user’s smartphone after an authenticated transaction; smartphone automatically transmits the photograph to the vending machine and the vending machine stores the photograph on the blockchain; para. [0026], user device communicates with system over a network).
Claim 28: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner does not expressly disclose wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device.
However, Anderson discloses wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device; para. [0222], vaporizer can be used for delivery of an aerosol (or “vapor”); para. [0430], vending machine with vaporizer devices and/or cartridges).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 29: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner does not expressly disclose wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device.
However, Anderson discloses wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device including cartridge receptacle; para. [0222], vaporizer is used for delivery of an aerosol (or “vapor”); para. [0258], vaporizer is configured to recognize and/or identify a cartridge. and determine information about the cartridge and/or the vaporizable material held in the cartridge, such as one or more of: the type of vaporizable material (e.g., nicotine, cannabis, etc.; para. [0430], vending machine with vaporizer devices and/or cartridges)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 32: The combination of Ryner and Anderson discloses all the limitations of claim 22 discussed above.
Ryner further discloses wherein the decentralized storage implements a Blockchain data storage and validation scheme for the storage of the personal identifying information with a Blockchain and accessing the personal identifying information from the Blockchain (See Ryner, at least FIG. 1 and associated text, item 111 identification database, item 112 product database, item 113 payment account database, etc. all connected by the network; para. [0034], identification database is a block chain database; blockchain database represents a distributed database structure such as a secure distributed transaction ledger to create a decentralized trusted network where information is distributed over a plurality of nodes; para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item).
Claim 33: The combination of Ryner and Anderson discloses all the limitations of claim 32 discussed above.
Ryner further discloses wherein personal identifying information comprises elements including the age and the name (See Ryner, at least para. [0033], software application also prompts the user to input identifying information such as name and data of birth); wherein each element of the personal identifying information for the user is stored in a subsequent block of the Blockchain (See Ryner, at least para. [0034], identification database is a block chain database; each block may include data relating to biometric data of the user, linking data that links one block to a previous block in the blockchain).
Claim 34: The combination of Ryner and Anderson discloses all the limitations of claim 22 discussed above.
Ryner does not expressly disclose wherein the aerosol delivery device is configured to prevent generation of an aerosol unless unlocked in association with an authentication of the user which comprises the user device communicating an indication of the authentication to the aerosol delivery device.
However, Anderson discloses wherein the aerosol delivery device is configured to prevent generation of an aerosol unless unlocked in association with an authentication of the user which comprises the user device communicating an indication of the authentication to the aerosol delivery device (See Anderson, at least para. [0097], device in communication with a vaporizer; device executes application that can obtain information from and relay commands to the vaporizer; application relays commands to the controller of the vaporizer to affect one or more operations of the vaporizer; para. [0346], app may be configured to disable and/or lock the vaporizer responsive to location and/or time parameters; para. [0357], FIG. 29 shows requirement that a password or some biometric verification (e.g. a fingerprint sensor identifier, facial recognition, etc.) be received by the user's mobile device to re-authorize use of the vaporizer and to thereby cause the mobile device to communicate to the vaporizer controller that operation of the vaporizer should again be allowed; FIG. 1A and associated text; para. [0304], vaporizer includes a controller that controls the application of power to the heater from the battery, to heat and vaporize the vaporizable material; para. [0343], vaporizer locked by disabling power to and/or use of a heater element of the vaporizer, i.e., unlocked by enabling power to and/or use of a heater element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability wherein the aerosol delivery device is configured to prevent generation of an aerosol unless unlocked in association with an authentication of the user which comprises the user device communicating an indication of the authentication to the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 35: Ryner discloses control circuitry (See Ryner, at least para. [0025], computing system may include a computer, a server, one or more servers, a cloud computing device, a hardware device, a remote server, etc.; para. [0039], computing system includes a processor) configured to:
selectively prevent physical access to the age-restricted products… (See Ryner, at least para. [0055], computing system includes second validation module that identifies biometric features of the user at a point of sale to verify an identify of the user; para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item);
receive, from a user device, an indication that an authentication of a user has been performed, the authentication comprising a comparison of the user information capture for the authentication with personal identifying information stored in a plurality of replica databases that form a distributed data storage accessible via a network, the personal identifying information being stored in the distributed data storage in response to a registration of the user that includes an age verification of the user prior to the authentication (See Ryner, at least FIG. 1 and associated text, item 111 identification database, item 112 product database, item 113 payment account database, etc. all connected by the network; para. [0034], identification database is a block chain database; blockchain database represents a distributed database structure such as a secure distributed transaction ledger to create a decentralized trusted network where information is distributed over a plurality of nodes; para. [0049], computing system includes biometrics module that includes software code for prompting the user to enable the age validation feature of the mobile wallet application of the user mobile device; biometric module directs software application on user mobile device to access biometric data input functionality of the user mobile device; user can input a fingerprint, a voice signature a photograph, a video, a retinal scan, etc.; para. [0051], biometrics module stores the biometric it receives from the mobile device to the identification database on the computing system; para. [0033], software application also prompts the user to input identifying information such as name and data of birth; the user is also prompted to send a photograph of a government-issues identification such as a passport or driver’s license which is verified; the verified identification of the user is then stored in the identification database; para. [0055], computing system includes second validation module that identifies biometric features of the user at a point of sale to verify an identify of the user; para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item; para. [0057], if biometric features from point of sale matches the biometric data stored on the blockchain, the second validation module sends a validation signal to the point-of-sale to proceed with the checkout sequence); and
in response to the user being authenticated, permit purchase of a selected age-restricted product by the user and dispense the selected age-restricted product to the user (See Ryner, at least para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item).
Ryner does not expressly disclose that the age-restricted products include an aerosol delivery device; and wherein the aerosol delivery device comprises a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component, and wherein the control circuitry is further configured to cause the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated.
However, Anderson discloses an aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device contains communication hardware); and wherein the aerosol delivery device comprises a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component (See Anderson, at least FIG. 1A and associated text, vaporizer device containing controller, power source, atomizer, contacts between power source and atomizer), and wherein the control circuitry is further configured to cause the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated (See Anderson, at least para. [0431], vaporizer devices stored in the vending machine may be deactivated and/or require authentication before a user may use the vaporizer device; in order to activate the device, a user may be required to place the device into an interface in communication with the kiosk; after the user is age verified and the vaporizer device is placed into the interface, the kiosk is configured to change the value of register to unlock the device; interface can include a cradle and/or cable with an electronic interface capable of communicating with the vaporizer device through an interface built into the vaporizer device; para. [0304], vaporizer includes a controller that controls the application of power to the heater from the battery, to heat and vaporize the vaporizable material; para. [0343], vaporizer locked by disabling power to and/or use of a heater element of the vaporizer, i.e., unlocked by enabling power to and/or use of a heater element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability that the age-restricted products include an aerosol delivery device; and wherein the aerosol delivery device comprises a power source, an aerosol production component, and a switch coupled between the power source and the aerosol production component, and wherein the control circuitry is further configured to cause the aerosol delivery device to permit use by causing the switch to connect the power source to the aerosol production component in response to the user being authenticated as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 37: The combination of Ryner and Anderson discloses all the limitations of claim 35 discussed above.
Ryner further discloses wherein the control circuity is further configured to not permit purchase and dispensing of the selected age-restricted product in response to a failure to authenticate the user (See Ryner, at least para. [0059], if the confidence level of the match between data obtained at the point-of-sale and the stored biometric data, the second validation module rejects the validation, i.e., the user cannot purchase the age-restricted item).
Claim 38: The combination of Ryner and Anderson discloses all the limitations of claim 35 discussed above.
Ryner further discloses wherein the control circuitry communicates with a user device via direct wireless communication or via the network (See Ryner, at least para. [0064], user receives a notification from the vending machine on the user’s smartphone; user opens the notification and the camera application on the smartphone’ user registers with vending machine in State A by taking a photograph of the user with the user’s smartphone after an authenticated transaction; smartphone automatically transmits the photograph to the vending machine and the vending machine stores the photograph on the blockchain; para. [0026], user device communicates with system over a network), wherein the user device is involved in the authentication of the user (See Ryner, at least para. [0064], user receives a notification from the vending machine on the user’s smartphone; user opens the notification and the camera application on the smartphone’ user registers with vending machine in State A by taking a photograph of the user with the user’s smartphone after an authenticated transaction; smartphone automatically transmits the photograph to the vending machine and the vending machine stores the photograph on the blockchain; user goes to a vending machine in State B to purchase an age-restricted item; vending machine “recognizes” the user from a camera on the vending machine and allows the user to purchase the age-restricted item).
Claim 39: The combination of Ryner and Anderson discloses all the limitations of claim 35 discussed above.
Ryner does not expressly disclose wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device.
However, Anderson discloses wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device; para. [0222], vaporizer can be used for delivery of an aerosol (or “vapor”); para. [0430], vending machine with vaporizer devices and/or cartridges).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability wherein the age-restricted products comprise a plurality of aerosol delivery devices including the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 40: The combination of Ryner and Anderson discloses all the limitations of claim 35 discussed above.
Ryner does not expressly disclose wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device.
However, Anderson discloses wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device (See Anderson, at least FIG. 1A and associated text, vaporizer device including cartridge receptacle; para. [0222], vaporizer is used for delivery of an aerosol (or “vapor”); para. [0258], vaporizer is configured to recognize and/or identify a cartridge. and determine information about the cartridge and/or the vaporizable material held in the cartridge, such as one or more of: the type of vaporizable material (e.g., nicotine, cannabis, etc.; para. [0430], vending machine with vaporizer devices and/or cartridges).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner the ability wherein the age-restricted products comprise consumable cartridges configured for installation into the aerosol delivery device as disclosed by Anderson 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “ensure that the device is being utilized by the intended user, and to prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.” (See Anderson, at least para. [0340]).
Claim 41: The combination of Ryner and Anderson discloses all the limitations of claim 35 discussed above.
Ryner further discloses wherein the control circuitry is further configured to accept a payment for the selected age-restricted product from the user or a user device in response to the user being authenticated (See Ryner, at least para. [0056], second validation module compares biometric features of the user captured at the point of sale to at least one biometric stored on the blockchain database to determine that a comparison between the biometric features of the user at the point of sale and the biometric stored on the blockchain database exceeds a dynamic threshold for verifying the identity of the user, thereby allowing the user to proceed with the purchase of the age-restricted item; para. [0037], computing system retrieves or receives payment instrument information stored on the mobile device for facilitating a purchase of one or more items, including age-restricted items (i.e. a mobile wallet)).
Claims 24, 31, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Ryner in view of Anderson as applied to claims 23 and 35 above, and further in view of US 2020/0175802 A1 to Crawford et al. (hereinafter “Crawford”).
Claims 24 and 36: The combination of Ryner and Anderson discloses all the limitations of claims 23 and 35 discussed above.
Neither Ryner nor Anderson expressly discloses wherein the vending machine is further configured to output a product recommendation for additional products or services in response to the user being authenticated.
However, Crawford discloses “vending machines for storing and dispensing products to consumers” and that allows consumers to “access and purchase products from several modular vending machines in one transaction.” (See Crawford, at least Abstract). Crawford further discloses that one modular vending machine may contain products that are age-restricted like alcohol or tobacco and another modular vending machine may contain products that are not age-restricted. (See Crawford, at least para. [0064]). Crawford further discloses a user may be required to confirm his/her age before gaining access to the age-restricted products. (See Crawford, at least para. [0064]). Crawford further discloses that the vending machines may have a biometric scanner to scan a user’s biometric characteristics to confirm a user’s identity. (See Crawford, at least para. [0053]). Crawford further discloses wherein the vending machine is further configured to output a product recommendation for additional products or services in response to the user being authenticated (See Crawford, at least para. [0065], system stores product information, transaction history, and user information; after user approaches vending machine and user’s identify has been confirmed. User interface or lights indicate products that the user has purchased in the past or that the user might like based on past transactions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner and the vaporizer system and method of Anderson the ability wherein the vending machine is further configured to output a product recommendation for additional products or services in response to the user being authenticated as disclosed by Crawford 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow a user to complete a transaction without the presence of an employee “thereby lowering operating costs and making the machines an inexpensive means for selling goods to consumers.” (See Crawford, at least para. [0002]).
Claim 36 is rejected for similar reasons.
Claim 31: The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Neither Ryner nor Anderson expressly discloses wherein the vending machine is further configured to accept a payment for the aerosol delivery device from the user or the user device in response to the user being authenticated.
However, Crawford discloses wherein the vending machine is further configured to accept a payment for the aerosol delivery device from the user or the user device in response to the user being authenticated (See Crawford, at least para. [0053], before unlocking the vending machine door, the user has to confirm their identity using biometric scanner; after the user’s identity is confirmed, door is unlocked, user selects products, and then payment is completed) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner and the vaporizer system and method of Anderson the ability wherein the vending machine is further configured to accept a payment for the aerosol delivery device from the user or the user device in response to the user being authenticated as disclosed by Crawford 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow a user to complete a transaction without the presence of an employee “thereby lowering operating costs and making the machines an inexpensive means for selling goods to consumers.” (See Crawford, at least para. [0002]).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Ryner in view of Anderson as applied to claim 23 above, and further in view of US 2020/0105085 A1 to Jafa et al. (hereinafter “Jafa”).
The combination of Ryner and Anderson discloses all the limitations of claim 23 discussed above.
Ryner further discloses a vending machine that sells age-restricted items. (See Ryner, at least para. [0064]). However, neither Ryner nor Anderson expressly discloses wherein the vending machine comprises an autonomously controlled roving vending machine that is moveable to different geographic locations.
However, Jafa discloses “[m]obile vending machines for storing and dispensing products to consumers at various locations.” (See Jafa, at least Abstract). Jafa further discloses wherein the vending machine comprises an autonomously controlled roving vending machine that is moveable to different geographic locations (See Jafa, at least para. [0022], mobile vending machine includes a product storage system, a user interface, a powertrain system, and a control unit; para. [0034], powertrain system is configured to provide autonomous mobility for mobile vending machine; para. [0035], control unit is configured to enable the mobile vending machine to operate autonomously, which is to say without direct human intervention; para. [0021], vending machine determines the time and location where consumers are likely to purchase products, and then automatically navigate to those locations to advertise and vend products to consumers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the identification system and method of Ryner and the vaporizer system and method of Anderson the ability wherein the vending machine comprises an autonomously controlled roving vending machine that is moveable to different geographic locations as disclosed by Jafa 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, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to “provide a mobile vending machine capable of servicing multiple areas of high consumer traffic, thus increasing the profitability of the mobile vending machine.” (See Jafa, at least para. [0021]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE MARIE GEORGALAS whose telephone number is (571)270-1258 E.S.T.. The examiner can normally be reached on Monday-Friday 8:30am-5:00pm.
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689
Prosecution Insights