DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 07, 2023 was considered by the examiner.
Claim Objections
Claim 16 is objected to because of the following informality: in --line 1—claim 16 recites the language “verification slot”, this language is inconsistent with the claim language “validation slot” recited in the claim it depends from, claim 12.
Appropriate correction for consistency is required.
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 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Crawford et al. (U.S. Application Publication No. 2025/0182173).
Regarding claim 1, Crawford discloses a vending machine for dispensing a plurality of cannabis related products, the vending machine comprising (para. [0030], [0032]; Fig. 1, vending machine 100):
a housing having a transparent front panel and comprising a number of racks or bins for holding the plurality of cannabis related products (para. [0034]-[0035]; Fig. 1, housing 103, storage cavity 170);
a touch display for selecting at least one of the plurality of cannabis related products (para. [0038]; Fig. 1; touch screen 114);
a payment slot for receiving a payment from a user (para. [0038]; a component to receive tender, including dollar bills, coins, credit and debit cards, mobile payment, and the like); and
a validation slot for confirmation of the user to purchase the at least one of the plurality of cannabis related products (para. [0044]; verification area 120 with ID card slot).
Claims 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaufman (U.S. Application Publication No. 2021/0365915).
Regarding claim 12, Kaufman discloses a vending system for dispensing a plurality of cannabis and related products, the vending system comprising (para. [0023]; Fig. 1, cannabis dispenser 20):
a vending machine having a housing containing the plurality of cannabis and related products (para. [0031]; Fig 1);
a display for displaying the plurality of cannabis and related products (para. [0042]; Fig. 2, display 40 displaying products);
a touch screen for ordering at least one of the plurality of cannabis and related products (para. [0048]; Fig. 2, touch display 40 for displaying products and accepting orders);
a validation slot for receiving validation information (para. [0026]; Fig. 1, validation slot 62);
a network connected to the vending machine (para. [0027]; Fig. 1; Vending machine connected via network 80);
a database connected to the network (para. [0027]; Fig. 1; database 92 connected to network); and
a dispensing authority connected to the network for approving a release of one of the plurality of cannabis and related products (para. [0028]; the system 10 is integrated through a network into the California state-wide Metrc system can track all aspects of cannabis sale. Thus, these protocol and assurance precautions present in system 10 ensures a user attempting to purchase products whose sale to this user would violate a relevant legal standard will not be permitted to consummate the sale).
Regarding claim 13, Kaufman discloses all the limitations of claim 1. Kaufman further discloses the dispensing authority is a state authority, a medical authority or a pharmaceutical authority (para. [0028]).
Regarding claim 14, Kaufman discloses all the limitations of claim 12. Kaufman further discloses the database contains information obtained from a user of the vending system (para. [0027]; Fig. 1; database 92 includes data for users).
Regarding claim 15, Kaufman discloses all the limitations of claim 12. Kaufman further discloses a camera for capturing a video or an image of a user of the vending system (para. [0030]; Fig. 1, camera 64 that can image the face of a user 32 in proximity to the dispenser).
Regarding claim 16, Kaufman discloses all the limitations of claim 12. Kaufman further discloses a verification slot and a payment slot for receiving a payment (para. [0025]; Fig. 1, payment slot 52; (para. [0026]; Fig. 1, verification slot 62).
Regarding claim 17, Kaufman discloses all the limitations of claim 12. Kaufman further discloses a microprocessor, a memory and a battery (para. [0038], microprocessor 72, memory 74; para. [0034]; battery 106).
Regarding claim 18, Kaufman discloses all the limitations of claim 12. Kaufman further discloses a smartphone having a software application stored thereon for interfacing with the vending system (para. [0063]; Fig. 7, smartphone 140 interfacing with vending machine 20).
Regarding claim 19, Kaufman discloses a method of using a vending system comprising the steps of:
providing a vending machine having a plurality of cannabis and related products (para. [0023]; Fig. 1, cannabis dispenser 20);
receiving an ID card from a potential user (para. [0026], [0054]);
scanning the ID card (para. [0026], [0054]);
determining whether the ID card is valid (para. [0026], [0054]);
receiving a selection of a product from the plurality of cannabis and related products from the potential user (para. [0055]-[0058]);
obtaining payment information from the potential user (para. [0060]); and
dispensing the product to the potential user after payment (para. [0061]).
Regarding claim 20, Kaufman discloses all the limitations of claim 19. Kaufman further discloses a network connected to the vending machine (para. [0055]).
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.
Claims 1-2, 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufman (U.S. Application Publication No. 2021/0365915) in view of Crawford et al. (U.S. Application Publication No. 2025/0182173).
Regarding claim 1, Kaufman discloses a vending machine for dispensing a plurality of cannabis related products (para. [0023]; Fig. 1, cannabis dispenser 20), the vending machine comprising:
a housing having a number of racks or bins for holding the plurality of cannabis related products (para. [0032]; Fig. 1, housing unnumbered);
a touch display for selecting at least one of the plurality of cannabis related products (para. [0023]; Fig. 1, touch display 40);
a payment slot for receiving a payment from a user (para. [0025]; Fig. 1, payment slot 52); and
a validation slot for confirmation of the user to purchase the at least one of the plurality of cannabis related products (para. [0026]; Fig. 1, validation slot 62).
Kaufman does not explicitly disclose a housing having a transparent front panel.
Crawford discloses a vending machine housing having a transparent front panel (para. [0034]-[0035]; Fig. 1, housing 103, storage cavity 170),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dispenser of Kaufman to incorporate the teaching in Crawford of using a vending machine housing having a transparent front panel, to improve sales and attract customers by providing enhanced visibility to the actual products available within the vending machine.
Regarding claim 2, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses the payment may be one of a cash, a credit card, a debit card, a pre-paid card or a combination thereof (para. [0025]; dispenser accepting cash 50′ into money reader 50, or a credit/debit card 52′ into card reader 52 and payment from a voucher card 52″).
Regarding claim 4, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses a camera for capturing at least one of a video or a still of activity around the housing or of the user of the vending machine (para. [0030]; Fig. 1, camera 64 that can image the face of a user 32 in proximity to the dispenser).
Regarding claim 5, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses a speaker (para. [0034]; Fig. 1, speaker 68). Crawford further discloses what Kaufman lacks, specifically an LED light (para. [0034]; visual alerts).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the warning mechanism disclosed in the dispenser of Kaufman to incorporate the teaching in Crawford of adding an LED light to provide redundancy and improve safety in noisy environments where an audio alert could be missed.
Regarding claim 6, Kaufman in view of Crawford, discloses all the limitations of claim 1. Crawford further discloses what Kaufman lacks, specifically the LED light indicates an operational status of the vending machine, and the speaker provides a message (para. [0034]; visual alerts and auditory alerts occur when environmental conditions within the kiosk fall outside of desired parameters, or door is left open, or when ineligible user attempts a purchase).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dispenser of Kaufman to incorporate the teaching in Crawford of using the LED light to indicate an operational status of the vending machine, and the speaker to provide a message to improve security by providing alerts when the machine is operating outside its normal working conditions or when tampering is detected.
Regarding claim 7, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses the vending machine is connected to a network for providing a verification and a processing of the payment (para. [0027]; Fig. 1; Vending machine connected via network 80).
Regarding claim 8, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses the network is connected to a database and a plurality of other vending machines to maintain an inventory and determine a product availability (para. [0027]; Fig. 1; database 92 connected to network; para. [0063]; Fig. 7, plurality vending machines 20, 20').
Regarding claim 9, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses a communication interface allowing the user to communicate with others serving the vending machine (para. [0052]; Fig. 1, communication interface 54).
Regarding claim 10, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses a display for displaying the plurality of cannabis products in the vending machine (para. [0042]; Fig. 2, display 40 displaying products).
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufman (U.S. Application Publication No. 2021/0365915) in view of Crawford et al. (U.S. Application Publication No. 2025/0182173), and in further view of Ogilvy (International Publication No. 2021/075983).
Regarding claim 3, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman further discloses environmental conditions of the storage cavity are adjusted to a desired parameters by increasing or decreasing ventilation, increasing cooling or heating (para. [0049]). However, Kaufman in view of Crawford, does not explicitly disclose a refrigeration area provided in a lower portion of the housing.
Ogilvy discloses a refrigeration area provided in a lower portion of the housing (pg. 13, lines 3-8; Fig. 1B, one or more of storage cavities 104A-104E are cooled by the cooling unit 135).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dispenser of Kaufman in view of Crawford, and incorporate the teaching in Ogilvy of having a refrigeration area provided in a lower portion of the housing to provide versatility in accommodating different products that need to be stored at different temperatures. This would improve the usability of the dispenser by expanding the type of products that could be dispensed creating an improved revenue.
Regarding claim 11, Kaufman in view of Crawford, discloses all the limitations of claim 1. Kaufman in view of Crawford, does not explicitly disclose comprising an upper storage area and a lower storage area.
Ogilvy discloses a dispenser comprising an upper storage area and a lower storage area (pg. 9, lines 21-26; Fig. 1B, upper storage area 104A-104D and lower storage area 104E).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dispenser of Kaufman in view of Crawford, and incorporate the teaching in Ogilvy of having an upper storage area and a lower storage area to enhance organizational efficiency, by separating different products that need to be stored at different conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dabiri (U.S. Patent No. 9466082) discloses a vending machine and a computerized ID/age verification system. The vending machine includes a camera system, an ID slot 70, a credit card slot 23, a cash insertion slot 24, a biometrics system 25 for user registration, and a dispenser 26 for dispensing products. It also discloses a machine connected to a network for verification and payment processing, as well as a method of dispending products (para. 17, (col. 5, line 4 to col. 6, line 5; col. 6, line 49 to col. 7, line 41; Figs. 1-4).
Smee et al. (U.S. Application Publication No. 2024/0013606) Discloses a vending machine for age restricted products including cannabis-based products, that verifies identity by capturing an image of an identification document before dispensing products. Smee also discloses a display with a touch screen to receive input from a user, a camera, a card reader for accepting payment, internal spaces where a portion of the internal spaces may be refrigerated as well as controlling different internal spaces at different temperatures, as well as a method of dispensing using the vending machine including accepting identification from a user, verifying identification, accepting selection of a product, accepting payment and dispensing of a product (paras. [0012], [0017], [0022], [0030], [0049]-[0072]; Figs. 1-3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMESGEN M. MARU whose telephone number is (571)272-0039. The examiner can normally be reached Monday -Friday 8:00AM-5:00PM.
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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.
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/TEMESGEN M. MARU/ Patent Examiner, Art Unit 3655
/JACOB S. SCOTT/ Supervisory Patent Examiner, Art Unit 3655