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
This office action is in response to communication filed 8/11/26.
Response to Amendment
The examiner acknowledges the amendment of claims 1,13 and the cancellation of claims 10-12 and 15.
Response to Arguments
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The reference of Shah teaches an enclosure for housing a plurality of items of inventory within (Fig. 1, paragraph 047); and at least a locking mechanism configured to transition between a locked state, in which the plurality of items of inventory are inaccessible, and an unlocked state, in which one or more the items of inventory are accessible and can be removed from the enclosure (paragraph 048,060). The reference of Tkachenko is further relied upon for teaching teaches the use of a scale configured to measure a weight of each item of inventory (paragraph 065). Tkachenko teaches a current total weight of all items of inventory within the container is determined prior to and after a transaction takes place (paragraph 065,080).
Claim Objections
Claim 14 is objected to because of the following informalities.
Claims 14 depends on a cancelled claim. Claim 14 is treated as dependent on claim 1 for examination purposes. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah US Patent Application Publication 20210326948 in view of Tkachenko US Patent Application Publication 20140316561 and further in view of Aji US Patent Application Publication 20170278059.
Regarding claim 1, Shah teaches a portable vending container for providing on-site storage and vending services, the vending container comprising:
an enclosure for housing a plurality of items of inventory within (Fig. 1, paragraph 047); and
at least a locking mechanism configured to transition between a locked state, in which the plurality of items of inventory are inaccessible, and an unlocked state, in which one or more the items of inventory are accessible and can be removed from the enclosure (paragraph 048,060),
wherein the locking mechanism is configured to communicate and transmit data, over a network (paragraph 061-062), with an internet-based asset management platform (304,paragraph 061-062 ), and transition from the locked state to the unlocked state in response to transmission of transactional data associated with a user purchasing or renting one or more items of inventory based on user interaction with an interface on said user’s computing device provided via the asset management platform (paragraph 058,061-062, 0106). Shah is silent on teaching a camera configured to capture one or more images of any given item and a scale configured to measure a weight of each item of inventory.
Tkachenko et al in an analogous art teaches at least one camera configured to capture one or more images of any given items of inventory that is removed from the container or placed into the container (paragraph 056,064) and teaches the use of a scale configured to measure a weight of each item of inventory (paragraph 065). Tkachenko teaches a current total weight of all items of inventory within the container is determined prior to and after a transaction takes place (paragraph 065,080). Shah in view of Li is silent the inventory data associated with the number of any given item presently stored within the container and the asset management platform is configured to automatically order and deliver additional items to be stocked within the container. Aji in an analogous art teaches the inventory data associated with the number of any given item presently stored within the container and the asset management platform is configured to automatically order and deliver additional items to be stocked within the container (paragraph 040).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Shah as disclosed by Tkachenko in view of Aji because such modification represents an improvement over the system of Shah by providing additional means for maintaining an accurate inventory of the items stored in the container and further improve the security of the container.
Regarding claim 2, Shah teaches the interface is provided via a software application installed on the user’s computing device (paragraph 061-062,095).
Regarding claim 3, Shah teaches a user interaction with the software application on their computing device allows the user to perform one or more transactions associated with the plurality of items of inventory, the one or more transactions selected from the group consisting of: purchasing of one or more items, renting of one or more items, and returning of one or more items (paragraph 062).
Regarding claim 4, Shah teaches the container comprises a communication module allowing for wireless communication and transmission of data between the locking mechanism and other components associated with the vending container and the asset management platform (paragraph 059).
Regarding claims 13-14, Shah is silent on teaching the container comprises a scale configured to measure a weight of each item of inventory. Thachenko et al. in an analogous teaches the container comprises a scale configured to measure a weight of each item of inventory (paragraph 065). Thachenko et al teaches a current total weight of all items of inventory within the container is determined prior to and after a transaction takes place (paragraph 065). Thachenko et al teaches upon complete removal of one or more purchased and/or rented items from the container, the scale is configured to determine an updated total weight of all items of inventory remaining with the container and the transaction is verified upon the updated total weight having a value that is the current total weight minus the weight of the purchased and/or rented items (paragraph 065,080). Thachenko et al teaches the scale is configured to determine an updated total weight of all items of inventory currently within the container the transaction is verified upon the updated total weight having a value that is the current total weight plus the weight of the replenishing items (paragraph 065,080).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Shah in view of Aji as disclosed by Thachenko because such modification represents a substitution of one identification means for another in order to identify the product added to the vending container. identification means used
Regarding claims 13-14, Shah is silent on teaching the container comprises a scale configured to measure a weight of each item of inventory. Thachenko et al. in an analogous teaches the container comprises a scale configured to measure a weight of each item of inventory (paragraph 065). Thachenko et al teaches a current total weight of all items of inventory within the container is determined prior to and after a transaction takes place (paragraph 065). Thachenko et al teaches upon complete removal of one or more purchased and/or rented items from the container, the scale is configured to determine an updated total weight of all items of inventory remaining with the container and the transaction is verified upon the updated total weight having a value that is the current total weight minus the weight of the purchased and/or rented items (paragraph 065,080). Thachenko et al teaches the scale is configured to determine an updated total weight of all items of inventory currently within the container the transaction is verified upon the updated total weight having a value that is the current total weight plus the weight of the replenishing items (paragraph 065,080).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Shah in view of Aji as disclosed by Thachenko because such modification represents a substitution of one identification means for another in order to identify the product added to the vending container. identification means used
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah US Patent Application Publication 20210326948 in view of Tkachenko US Patent Application Publication 20140316561in in view of Aji US Patent Application Publication 20170278059 and further in view of Davis US Patent 8600899.
Regarding claim 5, Shah teaches the container comprises a wireless module (paragraph 059) but is silent on teaching a WiFi communication module. Davis in an analogous art teaches a vending container that the communication module is WiFi-enabled thereby allowing the container, including components associated therewith, to be connected to a wireless network (col. 4 lines 44-57).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Shah in view of Tkachenko in view of Aji as disclosed by Davis because such modification represents the substitution of one type of communication module for anther and producing the predictable result of proving communication between the vending container and external devices. .
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shah US Patent Application Publication 20210326948 in view of Tkachenko US Patent Application Publication 20140316561 in view of Aji US Patent Application Publication 20170278059 and further in view of Sergeeva et al. US Patent 11030601.
Regarding claims 6-8, Shah is silent on teaching the container comprises at least one radio- frequency identification (RFID) antenna and reader. Sergeeva et al. in an analogous art teaches the container comprises at least one radio- frequency identification (RFID) antenna and reader (col. 2 lines 26-33,col. 6 lines 1-26). Sergeeva teaches each item of inventory within the container comprises an RFID (col. 6 lines 48-56,col. 7 lines 28-45). Sergeeva et al. teaches the RFID reader is configured to communicate with an RFID tag of any given associated item of inventory tag thereby allowing for recognition of removal of a given item of inventory from the container and placement of a given item of inventory into the container (col. 7 lines 28-45).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Shah in view of Tkachenko in view of Aji as disclosed by Sergeeva et al. because such modification represents an improvement over the system of Shah in view of Tkachenko in view of Aji as disclosed by Sergeeva et al. by providing the means to uniquely identify the objects stored within the vending container and further improve the process of inventorying the products stored in or removed from the vending container.
Regarding claim 9, Shah teaches a transaction is fully completed upon complete removal of one or more purchased and/or rented items from the container and/or upon complete placement of one or more returned items into the container (7b, paragraph 0105).
Conclusion
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/VERNAL U BROWN/Primary Examiner, Art Unit 2686
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