DETAILED ACTION
Status of Claims
This action is in reply to the Amendments filed on 11/17/2025.
Claims 1-7 have been examined and are currently pending.
Response to Amendment
Applicant’s amendment, filed 11/17/2025, has been entered. Claims 1-7 have been amended.
Claim Objections under 35 U.S.C. §112(f)
The claim interpretations under 35 U.S.C. §112(f) have been withdrawn pursuant Applicant’s amendments.
Rejections under 35 U.S.C. §112(a)
The 35 U.S.C. §112(a) rejections have been withdrawn pursuant Applicant’s amendments.
Rejections under 35 U.S.C. §112(b)
The 35 U.S.C. §112(b) rejections have been withdrawn pursuant Applicant’s amendments.
Priority
This patent Application claims priority from Foreign Application No. JP2023-039525 filed 03/14/2023. This benefit has been received and acknowledged and therefore, the instant claims receive the effective filing date of 03/14/2023.
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under Step 1 of the Subject Matter Eligibility Test for Products and Processes, the claims must be directed to one of the four statutory categories (see MPEP 2106.03). All the claims are directed to one of the four statutory categories (YES).
Under Step 2A of the Subject Matter Eligibility Test, it is determined whether the claims are directed to a judicially recognized exception (see MPEP 2106.04). Step 2A is a two-prong inquiry.
Under Prong 1, it is determined whether the claim recites a judicial exception (YES). Taking Claim 1 as representative, the claim recites limitations that fall within the certain methods of organizing human activity groupings of abstract ideas, including:
-the vehicle comprising:
-an in-vehicle camera configured to capture an image of at least a surrounding view of a commodity accommodated by the vehicle;
-a processor and a memory having a program, when executed by the processor, causing the processor to be configured to:
-acquire image data on the image captured by the in-vehicle camera;
-lock or unlock a trunk door of a trunk, the trunk being configured to provide room for the commodity;
-notify a purchaser in unattended selling of information;
-communicate with an information terminal of the purchaser and an information terminal of a vendor through a network;
-perform image processing on the image data;
-identify, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle;
-acquire, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and
-unlock the trunk door only when both the purchaser identification and the settlement verification data are successfully authenticated
The above limitations recite the concept of identifying a purchaser around a vehicle and verifying data to authorize a purchase. The above limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a).
Certain methods of organizing human activity include:
fundamental economic principles or practices (including hedging, insurance, and mitigating risk)
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; and business relations)
managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)
The limitations of lock or unlock a trunk door of a trunk, the trunk being configured to provide room for the commodity; notify a purchaser in unattended selling of information; perform image processing on the image data; and unlock the trunk door only when both the purchaser identification and the settlement verification data are successfully authenticated are processes that, under their broadest reasonable interpretation, cover a commercial interaction. For example, “lock or unlock,” “notify,” and “unlock” in the context of this claim encompass advertising, and marketing or sales activities.
The limitations of the vehicle comprising: an in-vehicle camera configured to capture an image of at least a surrounding view of a commodity accommodated by the vehicle; acquire image data on the image captured by the in-vehicle camera; communicate with an information terminal of the purchaser and an information terminal of a vendor through a network; identify, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; and acquire, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment are processes that, under their broadest reasonable interpretation, cover a commercial interaction. That is, other than reciting that the vehicle comprises the various devices and hardware, that the image is captured by an in-vehicle camera, that the communicating with the purchaser and vendor are by a communication device with an information terminal of the purchaser and an information terminal of a vendor through a network, that the data is wireless communication data, that the data is received from the information terminal of the purchaser, that the range is a wireless communication range, and that the acquiring is from the information terminal of the purchaser, nothing in the claim element precludes the step from practically being performed by people. For example, but for the “vehicle,” “in-vehicle camera,” “a processor,” “a memory having a program,” “information terminal of the purchaser,” “information terminal of a vendor,” “network,” “wireless communication data,” and “a wireless communication range” language, “capture,” “acquire,” “communicate,” “identify,” “acquire,” and “unlock” in the context of this claim encompasses advertising, and marketing or sales activities.
Under Prong 2, it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. This judicial exception is not integrated into a practical application (NO).
-the vehicle comprising:
-an in-vehicle camera configured to capture an image of at least a surrounding view of a commodity accommodated by the vehicle;
-a processor and a memory having a program, when executed by the processor, causing the processor to be configured to:
-acquire image data on the image captured by the in-vehicle camera;
-lock or unlock a trunk door of a trunk, the trunk being configured to provide room for the commodity;
-notify a purchaser in unattended selling of information;
-communicate with an information terminal of the purchaser and an information terminal of a vendor through a network;
-perform image processing on the image data;
-identify, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle;
-acquire, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and
-unlock the trunk door only when both the purchaser identification and the settlement verification data are successfully authenticated
These limitations are not indicative of integration into a practical application because:
The additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea) as supported by Applicant’s specification – “The in-vehicle ECUs may each include, for example, a processor such as a central processing unit (CPU) or a micro processing unit (MPU), an electric circuit, and a storage element such as a random access memory (RAM) and a read only memory (ROM). Some or all of operation to be performed by the in-vehicle ECUs may be realized by hardware such as an application specific integrated circuit (ASIC), a field-programmable gate array (FPGA), or a graphics processing unit (GPU).” Specifically, the additional elements of the a vehicle, an in-vehicle camera, a processor, a memory having a program, an information terminal of the purchaser, an information terminal of a vendor, a network, wireless communication data, and a wireless communication range are recited at a high-level of generality (i.e. as a generic processor performing the generic computer functions of capturing data, acquiring data [i.e. receiving data], locking or unlocking, notifying [i.e. sending and displaying data], communicating data, processing data, identifying data, and unlocking) such that they amount do no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Further, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use (such as computers or computing networks). Employing well-known computer functions to execute an abstract idea, even when limiting the use of the idea to one particular environment, does not integrate the exception into a practical application.
Additionally, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to i) reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, ii) apply the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, iii) effect a transformation or reduction of a particular article to a different state or thing, or iv) apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, the judicial exception is not integrated into a practical application.
Under Step 2B, it is determined whether the claims recite additional elements that amount to significantly more than the judicial exception. The claims of the present application do not include additional elements that are sufficient to amount to significantly more than the judicial exception (NO).
In the case of claim 1, taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept. As discussed above under step 2A (prong 2) with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed functions amount to no more than a general link to a technological environment.
Even considered as an ordered combination (as a whole), the additional elements do not add anything significantly more than when considered individually.
Claim 5 is a vehicle reciting similar functions as claim 1. Examiner notes that claim 5 recites the additional elements of a vehicle, an in-vehicle camera, a processor, a memory having a program, an information terminal of the purchaser, an information terminal of a vendor, a network, wireless communication data, and a wireless communication range, however, claim 5 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Claim 6 is a system reciting similar functions as claim 1. Examiner notes that claim 6 recites the additional elements of a vehicle, an in-vehicle camera, an information terminal of the purchaser, an information terminal of a vendor, a network, wireless communication data, and a wireless communication range, however, claim 6 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Claim 7 is a vehicle reciting similar functions as claim 1. Examiner notes that claim 7 recites the additional elements of a vehicle, an in-vehicle camera, an information terminal of the purchaser, an information terminal of a vendor, a network, wireless communication data, and a wireless communication range, however, claim 7 does not qualify as eligible subject matter for similar reasons as claim 1 indicated above.
Therefore, claims 5, 6, and 7 do not provide an inventive concept and do not qualify as eligible subject matter.
Dependent claims 2-4, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. § 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claims 2-4 further fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas in that they recite commercial interactions. Dependent claims 2-4 recite the additional elements of the processor, and the in-vehicle camera, but similar to the analysis under prong two of Step 2A these additional elements are used as a tool to perform the abstract idea. As such, under prong two of Step 2A, claims 2-4 are not indicative of integration into a practical application for at least similar reasons as discussed above. Thus, dependent claims 2-4 are “directed to” an abstract idea. Next, under Step 2B, similar to the analysis of claims 1, 5, 6, and 7, dependent claims 2-4 when analyzed individually and as an ordered combination, merely further define the commonplace business method (i.e. identifying a purchaser around a vehicle and verifying data to authorize a purchase) being applied on a general-purpose computer and, therefore, do not amount to significantly more than the abstract idea itself. Accordingly, the Examiner concludes that there are no meaningful limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself. The analysis above applies to all statutory categories of invention.
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, 3, and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shah et al. (US 2016/0026967 A1), hereinafter Shah, in view of Goldberg et al. (US 2019/0051090 A1), newly cited and hereinafter Goldberg.
Regarding claim 1, Shah discloses a unattended commodity selling assistance system using a vehicle, the vehicle comprising:
-an in-vehicle camera configured to capture an image of at least a surrounding view of a commodity accommodated by the vehicle (Shah, see at least: “a camera which is mounted in or on the vehicle (inside the compartment, for example)[i.e. an in-vehicle camera configured to capture an image] can also be used to identify the goods placed in the trunk and record or transmit corresponding data during the collection or delivery process [i.e. of at least a surrounding view of a commodity accommodated by the vehicle]. In addition, during the process of loading the goods into the trunk it is also possible to activate a camera-assisted 360° all-round viewing facility” [0019]);
-a processor and a memory having a program, when executed by the processor (Shah, see at least: “The method enables the use of an autonomous motor vehicle to collect ordered goods and involves optimizing the communication between the respective business, the person acquiring the goods and the autonomous vehicle, wherein wireless communication technology [i.e. a processor and a memory having a program, when executed by the processor] is utilized for the exchange of information between the autonomous vehicle and a delivery person (made available by and representing the provider)” [0016] and “a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) [i.e. a processor and a memory having a program, when executed by the processor] which is carried on the user's person” [0026]), causing the processor to be configured to:
-acquire image data on the image captured by the in-vehicle camera (Shah, see at least: “after the loading of the goods 50 into the vehicle 10 is complete, the correct loading of the goods 50 can be verified or checked [i.e. acquire image data], for which purpose, for example, a camera 16 which is mounted in the compartment of the vehicle 10 [i.e. acquire image data on the image captured by the in-vehicle camera] can be used according to FIG. 3. The autonomous vehicle 10 subsequently ends the 360° all-round viewing process in step S180 and informs the user that the collection process is concluded” [0027]);
-lock or unlock a trunk door of a trunk, the trunk being configured to provide room for the commodity (Shah, see at least: “a locking means 15 for a compartment (such as a trunk) [i.e. lock or unlock a trunk door of a trunk] capable of holding the goods is indicated in FIG. 1B [i.e. the trunk being configured to provide room for the commodity]” [0024]);
-notify a purchaser in unattended selling of information (Shah, see at least: “a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) [i.e. notify a purchaser in unattended selling of information] which is carried on the user's person” [0026]);
-communicate with an information terminal of the purchaser and an information terminal of a vendor through a network (Shah, see at least: “The method enables the use of an autonomous motor vehicle to collect ordered goods and involves optimizing the communication between the respective business, the person acquiring the goods and the autonomous vehicle, wherein wireless communication [i.e. through a network] technology is utilized for the exchange of information between the autonomous vehicle and a delivery person (made available by and representing the provider) [i.e. and an information terminal of a vendor]” [0016] and “a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) [i.e. communicate with an information terminal of the purchaser] which is carried on the user's person” [0026]);
-perform image processing on the image data (Shah, see at least: “the correct loading of the ordered goods into the vehicle is verified. In particular, the ordered goods which have been packed by the provider or made available for collection (or which have already been loaded into the vehicle compartment) can be identified and the correct provision or loading of the ordered goods can be checked [i.e. perform image processing on the image data], for example using a barcode scanner or a wireless identification method. Furthermore, a camera which is mounted in or on the vehicle (inside the compartment, for example) can also be used to identify the goods placed in the trunk [i.e. perform image processing on the image data] and record or transmit corresponding data during the collection or delivery process” [0019]);
-identify that delivery personnel is located within a range of the vehicle (Shah, see at least: “the autonomous vehicle 10 detects the delivery person 30 who has arrived with the goods 50 [i.e. identify that delivery personnel is located within a range of the vehicle]. In step S120, the delivery person 30 reads the motor vehicle license plate number (or other identifying information) visible on the vehicle and enters it into the communication device 40. In step S130, the autonomous vehicle 10 is ready to open the compartment and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment” [0026]);
-unlock the trunk door only when identification is successfully authenticated (Shah, see at least: “the autonomous vehicle 10 detects the delivery person 30 who has arrived with the goods 50. In step S120, the delivery person 30 reads the motor vehicle license plate number (or other identifying information) visible on the vehicle and enters it into the communication device 40. In step S130, the autonomous vehicle 10 is ready to open the compartment [i.e. unlock the trunk door] and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment [i.e. only when identification is successfully authenticated]. Subsequently, in step S150 the autonomous vehicle 10 activates a 360° all-round viewing facility, wherein, in addition, a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) which is carried on the user's person. The compartment is opened by activating the compartment locking means 15” [0026] and “a locking means 15 for a compartment (such as a trunk) [i.e. unlock the trunk door] capable of holding the goods is indicated in FIG. 1B” [0024]).
Shah does not explicitly disclose identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the trunk door only when both the purchaser identification and the settlement verification data are successfully authenticated.
Goldberg, however, teaches unlocking a door based on a purchase (i.e. [0116]), including the known technique of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle (Goldberg, see at least: “the processor-based device, such as the control system 1000, may receive one or more signals that the customer who authorized the purchase transaction [i.e. a purchaser registered in advance], or who is associated with such a customer who authorized the transaction, is located at the pick-up location. For example, in some implementations, the antenna 162 and radio 164 may be used to provide near field communication (NFC) capabilities and/or radio frequency identification (RFID) capabilities with device and objects proximate the vending kiosk 100. Such devices may include wireless devices associated with consumers who have authorized purchase transaction for items contained with the vending kiosk 100. As such, the wireless device of the consumer may be with four (4) inches of the antenna for the antenna to receive NFC signals and/or within nine (9) feet of the antenna for the antenna to receive RFID signals [i.e. identify, based on wireless communication data received from the information terminal of the purchaser, that a purchaser is located within a wireless communication range of the vehicle]. Such NFC signals and/or RFID signals may be used to encode information to authorize a purchase transaction and/or to confirm that a person or device logically associated with a previous purchase transaction is proximate the vending kiosk 100” [0229] and “The mobile device 304 may be used to enter purchasing information and to retrieve an item from one of the compartments 104 in the vending kiosk 100. Such purchasing and retrieval via the mobile device 304 may be facilitated by a user application, or app [i.e. a purchaser registered in advance], that is implemented on and displayed by the mobile device 304 … Such an app may enable the consumer to remotely authorize a purchase transaction for items that may be retrieved from one of the various vending kiosks 100” [0138] and “The vending kiosk may be a self-propelled vehicle, and may further include: at least one of a set of wheels or a set of treads; and at least one motor coupled to drive the set of wheels and the set of treads to propel the kiosk in an autonomous [i.e. of the vehicle] or semi-autonomous vehicle mode” [0034]);
the known technique of acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment (Goldberg, see at least: “such as the control system 1000, may receive a payment confirmation for the container 200 or item of food or other vendable product in the compartment 104. In some implementations, the magnetic stripe reader 150 may be used to read and collect information that has been encoded within a financial transaction card 158 using, for example, a magnetic stripe, a card chip, or some other type of storage medium. The magnetic stripe reader 150 may be communicatively coupled to one or more processors that may authorize a requested purchase transaction based upon information stored within and/or associated with the financial transaction card 158. Such authorization may then be received by the control system 1000. In some implementations, a customer may initiate authorization for payment from a mobile device or some other customer-facing processor-enabled device that is remote from the vending kiosk 100 [i.e. from the information terminal of the purchaser]. In such a situation, a payment authorization request may be transmitted to one or more remote processors for approval. Once the remote processor-enabled device approves the authorization request, at least one of the remote processor-enabled device and/or the customer-facing processor-enabled device may transmit payment confirmation to the control system 1000 [i.e. acquire, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment]. In some implementations, the control system 1000 may generate payment confirmation, such as, for example, when the customer enters money into the currency acceptor and validator” [0227] and “The mobile device 304 may be used to enter purchasing information and to retrieve an item from one of the compartments 104 in the vending kiosk 100. Such purchasing and retrieval via the mobile device 304 may be facilitated by a user application, or app [i.e. a registered settlement method], that is implemented on and displayed by the mobile device 304 … Such an app may enable the consumer to remotely authorize a purchase transaction for items that may be retrieved from one of the various vending kiosks 100” [0138]); and
the known technique of unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated (Goldberg, see at least: “Such NFC signals and/or RFID signals may be used to encode information to authorize a purchase transaction and/or to confirm that a person or device logically associated with a previous purchase transaction is proximate the vending kiosk 100 [i.e. only when both the purchaser identification and the settlement verification data are successfully authenticated]. The antenna 162 may be communicatively coupled to a processor-enabled device that may decode the information contained with the NFC signal and/or RFID signal, and use the decoded information to provide such authorization and/or confirmation [i.e. are successfully authenticated]. Upon determining such authorization and/or confirmation, the processor-enabled device may transmit one or more actuator control signals to unlock the appropriate door 102 [i.e. unlock the door] on the vending kiosk 100 so that the consumer may retrieve the purchased item from the associated compartment 104” [0116] and “the actuator 132 may receive a signal to unlock the associated door 102 [i.e. unlock the door] based upon one or more of a purchase transaction occurring proximate the vending kiosk 100 and/or receipt of information indicating the presence of a person or object proximate the vending kiosk 100 in which the person or object is logically associated with a previous purchase transaction [i.e. only when both the purchaser identification and the settlement verification data are successfully authenticated]” [0107]). These known techniques are applicable to the unattended commodity selling assistance system of Shah as they both share characteristics and capabilities, namely, they are directed to unlocking a door based on a purchase.
It would have been recognized that applying the known techniques of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated, as taught by Goldberg, to the teachings of Shah would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar unattended commodity selling assistance systems. Further, adding the modifications of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated, as taught by Goldberg, into the unattended commodity selling assistance system of Shah would have been recognized by those of ordinary skill in the art as resulting in an improved unattended commodity selling assistance system that would prevent orders from being stolen (Goldberg, [0112]).
Regarding claim 3, Shah in view of Goldberg teaches the unattended commodity selling assistance system using the vehicle according to claim 1. Shah further discloses:
-wherein the in-vehicle camera is configured to start to capture the image after unlocking the trunk door (Shah, see at least: “In step S130, the autonomous vehicle 10 is ready to open the compartment and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment [i.e. after unlocking the trunk door]. Subsequently, in step S150 the autonomous vehicle 10 activates a 360° all-round viewing facility [i.e. wherein the in-vehicle camera is configured to start to capture the image] wherein, in addition, a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) which is carried on the user's person. The compartment is opened by activating the compartment locking means 15” [0026] and “after the loading of the goods 50 into the vehicle 10 is complete, the correct loading of the goods 50 can be verified or checked, for which purpose, for example, a camera 16 which is mounted in the compartment of the vehicle 10 [i.e. wherein the in-vehicle camera is configured to start to capture the image after unlocking the trunk door] can be used according to FIG. 3. The autonomous vehicle 10 subsequently ends the 360° all-round viewing process in step S180 and informs the user that the collection process is concluded” [0027]).
Claim 5 recites limitations directed towards a vehicle configured to assist in unattended commodity selling (Shah, see at least: abstract). The rest of the limitations recited in claim 5 are parallel in nature to those addressed above for claim 1, and are therefore rejected for those same reasons set forth above in claim 1.
Regarding claim 6, Shah discloses an unattended commodity selling assistance system using a vehicle, the vehicle comprising:
-an in-vehicle camera configured to capture an image of at least a surrounding view of a commodity accommodated by the vehicle (Shah, see at least: “a camera which is mounted in or on the vehicle (inside the compartment, for example)[i.e. an in-vehicle camera configured to capture an image] can also be used to identify the goods placed in the trunk and record or transmit corresponding data during the collection or delivery process [i.e. of at least a surrounding view of a commodity accommodated by the vehicle]. In addition, during the process of loading the goods into the trunk it is also possible to activate a camera-assisted 360° all-round viewing facility” [0019]); and
-a trunk door of a trunk configured to provide room for the commodity (Shah, see at least: “a camera which is mounted in or on the vehicle (inside the compartment, for example) can also be used to identify the goods placed in the trunk and record or transmit corresponding data during the collection or delivery process. In addition, during the process of loading the goods into the trunk [i.e. a trunk door of a trunk configured to provide room for the commodity] it is also possible to activate a camera-assisted 360° all-round viewing facility” [0019]),
-the unattended commodity selling assistance system comprising circuitry (Shah, see at least: “The method utilizes a wireless data transmission between the user (the person or persons acquiring the purchased goods) and the provider's business, an access code for opening (and optionally also closing) a compartment (such as a trunk) of the vehicle [i.e. the unattended commodity selling assistance system comprising circuitry]” [0015]) configured to:
-acquire image data on the image captured by the in-vehicle camera (Shah, see at least: “after the loading of the goods 50 into the vehicle 10 is complete, the correct loading of the goods 50 can be verified or checked [i.e. acquire image data, for which purpose, for example, a camera 16 which is mounted in the compartment of the vehicle 10 [i.e. acquire image data on the image captured by the in-vehicle camera] can be used according to FIG. 3. The autonomous vehicle 10 subsequently ends the 360° all-round viewing process in step S180 and informs the user that the collection process is concluded” [0027]);
-cause the vehicle to lock or unlock the trunk door of the trunk (Shah, see at least: “a locking means 15 for a compartment (such as a trunk) [i.e. cause the vehicle to lock or unlock the trunk door of the trunk] capable of holding the goods is indicated in FIG. 1B” [0024]);
-cause the vehicle to notify a purchaser in unattended selling of information (Shah, see at least: “the autonomous vehicle 10 is ready to open the compartment and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment. Subsequently, in step S150 the autonomous vehicle 10 activates a 360° all-round viewing facility [i.e. cause the vehicle to], wherein, in addition, a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) [i.e. notify a purchaser in unattended selling of information] which is carried on the user's person” [0026]);
-cause the vehicle to communicate with an information terminal of the purchaser and an information terminal of a vendor through a network (Shah, see at least: “The method enables the use of an autonomous motor vehicle to collect ordered goods and involves optimizing the communication between the respective business, the person acquiring the goods and the autonomous vehicle, wherein wireless communication [i.e. through a network] technology is utilized for the exchange of information between the autonomous vehicle [i.e. cause the vehicle to communicate] and a delivery person (made available by and representing the provider) [i.e. and an information terminal of a vendor]” [0016] and “a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) [i.e. communicate with an information terminal of the purchaser] which is carried on the user's person” [0026]);
-perform image processing on the image data (Shah, see at least: “the correct loading of the ordered goods into the vehicle is verified. In particular, the ordered goods which have been packed by the provider or made available for collection (or which have already been loaded into the vehicle compartment) can be identified and the correct provision or loading of the ordered goods can be checked [i.e. perform image processing on the image data], for example using a barcode scanner or a wireless identification method. Furthermore, a camera which is mounted in or on the vehicle (inside the compartment, for example) can also be used to identify the goods placed in the trunk [i.e. on the image data] and record or transmit corresponding data during the collection or delivery process” [0019]); and
-identify that delivery personnel is located within a range of the vehicle (Shah, see at least: “the autonomous vehicle 10 detects the delivery person 30 who has arrived with the goods 50 [i.e. identify that delivery personnel is located within a range of the vehicle]. In step S120, the delivery person 30 reads the motor vehicle license plate number (or other identifying information) visible on the vehicle and enters it into the communication device 40. In step S130, the autonomous vehicle 10 is ready to open the compartment and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment” [0026]);
-unlock the trunk door only when identification is successfully authenticated (Shah, see at least: “the autonomous vehicle 10 detects the delivery person 30 who has arrived with the goods 50. In step S120, the delivery person 30 reads the motor vehicle license plate number (or other identifying information) visible on the vehicle and enters it into the communication device 40. In step S130, the autonomous vehicle 10 is ready to open the compartment [i.e. unlock the trunk door] and waits for the input of an access code by the delivery person 30, which takes place in step S140 for the opening of the compartment [i.e. only when identification is successfully authenticated]. Subsequently, in step S150 the autonomous vehicle 10 activates a 360° all-round viewing facility, wherein, in addition, a corresponding video can be transmitted to a hand-held device (for example a mobile phone or smartphone) which is carried on the user's person. The compartment is opened by activating the compartment locking means 15” [0026] and “a locking means 15 for a compartment (such as a trunk) [i.e. unlock the trunk door] capable of holding the goods is indicated in FIG. 1B” [0024]).
Shah does not explicitly disclose identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the trunk door only when both the purchaser identification and the settlement verification data are successfully authenticated.
Goldberg, however, teaches unlocking a door based on a purchase (i.e. [0116]), including the known technique of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle (Goldberg, see at least: “the processor-based device, such as the control system 1000, may receive one or more signals that the customer who authorized the purchase transaction [i.e. a purchaser registered in advance], or who is associated with such a customer who authorized the transaction, is located at the pick-up location. For example, in some implementations, the antenna 162 and radio 164 may be used to provide near field communication (NFC) capabilities and/or radio frequency identification (RFID) capabilities with device and objects proximate the vending kiosk 100. Such devices may include wireless devices associated with consumers who have authorized purchase transaction for items contained with the vending kiosk 100. As such, the wireless device of the consumer may be with four (4) inches of the antenna for the antenna to receive NFC signals and/or within nine (9) feet of the antenna for the antenna to receive RFID signals [i.e. identify, based on wireless communication data received from the information terminal of the purchaser, that a purchaser is located within a wireless communication range of the vehicle]. Such NFC signals and/or RFID signals may be used to encode information to authorize a purchase transaction and/or to confirm that a person or device logically associated with a previous purchase transaction is proximate the vending kiosk 100” [0229] and “The mobile device 304 may be used to enter purchasing information and to retrieve an item from one of the compartments 104 in the vending kiosk 100. Such purchasing and retrieval via the mobile device 304 may be facilitated by a user application, or app [i.e. a purchaser registered in advance], that is implemented on and displayed by the mobile device 304 … Such an app may enable the consumer to remotely authorize a purchase transaction for items that may be retrieved from one of the various vending kiosks 100” [0138] and “The vending kiosk may be a self-propelled vehicle, and may further include: at least one of a set of wheels or a set of treads; and at least one motor coupled to drive the set of wheels and the set of treads to propel the kiosk in an autonomous [i.e. of the vehicle] or semi-autonomous vehicle mode” [0034]);
the known technique of acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment (Goldberg, see at least: “such as the control system 1000, may receive a payment confirmation for the container 200 or item of food or other vendable product in the compartment 104. In some implementations, the magnetic stripe reader 150 may be used to read and collect information that has been encoded within a financial transaction card 158 using, for example, a magnetic stripe, a card chip, or some other type of storage medium. The magnetic stripe reader 150 may be communicatively coupled to one or more processors that may authorize a requested purchase transaction based upon information stored within and/or associated with the financial transaction card 158. Such authorization may then be received by the control system 1000. In some implementations, a customer may initiate authorization for payment from a mobile device or some other customer-facing processor-enabled device that is remote from the vending kiosk 100 [i.e. from the information terminal of the purchaser]. In such a situation, a payment authorization request may be transmitted to one or more remote processors for approval. Once the remote processor-enabled device approves the authorization request, at least one of the remote processor-enabled device and/or the customer-facing processor-enabled device may transmit payment confirmation to the control system 1000 [i.e. acquire, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment]. In some implementations, the control system 1000 may generate payment confirmation, such as, for example, when the customer enters money into the currency acceptor and validator” [0227] and “The mobile device 304 may be used to enter purchasing information and to retrieve an item from one of the compartments 104 in the vending kiosk 100. Such purchasing and retrieval via the mobile device 304 may be facilitated by a user application, or app [i.e. a registered settlement method], that is implemented on and displayed by the mobile device 304 … Such an app may enable the consumer to remotely authorize a purchase transaction for items that may be retrieved from one of the various vending kiosks 100” [0138]); and
the known technique of unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated (Goldberg, see at least: “Such NFC signals and/or RFID signals may be used to encode information to authorize a purchase transaction and/or to confirm that a person or device logically associated with a previous purchase transaction is proximate the vending kiosk 100 [i.e. only when both the purchaser identification and the settlement verification data are successfully authenticated]. The antenna 162 may be communicatively coupled to a processor-enabled device that may decode the information contained with the NFC signal and/or RFID signal, and use the decoded information to provide such authorization and/or confirmation [i.e. are successfully authenticated]. Upon determining such authorization and/or confirmation, the processor-enabled device may transmit one or more actuator control signals to unlock the appropriate door 102 [i.e. unlock the door] on the vending kiosk 100 so that the consumer may retrieve the purchased item from the associated compartment 104” [0116] and “the actuator 132 may receive a signal to unlock the associated door 102 [i.e. unlock the door] based upon one or more of a purchase transaction occurring proximate the vending kiosk 100 and/or receipt of information indicating the presence of a person or object proximate the vending kiosk 100 in which the person or object is logically associated with a previous purchase transaction [i.e. only when both the purchaser identification and the settlement verification data are successfully authenticated]” [0107]). These known techniques are applicable to the unattended commodity selling assistance system of Shah as they both share characteristics and capabilities, namely, they are directed to unlocking a door based on a purchase.
It would have been recognized that applying the known techniques of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated, as taught by Goldberg, to the teachings of Shah would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar unattended commodity selling assistance systems. Further, adding the modifications of identifying, based on wireless communication data received from the information terminal of the purchaser, that a purchaser registered in advance is located within a wireless communication range of the vehicle; acquiring, from the information terminal of the purchaser, settlement verification data indicating that a registered settlement method is valid and available for payment; and unlocking the door only when both the purchaser identification and the settlement verification data are successfully authenticated, as taught by Goldberg, into the unattended commodity selling assistance system of Shah would have been recognized by those of ordinary skill in the art as resulting in an improved unattended commodity selling assistance system that would prevent orders from being stolen (Goldberg, [0112]).
Claim 7 recites limitations directed towards a vehicle configured to assist in unattended commodity selling (Shah, see at least: abstract). The rest of the limitations recited in claim 7 are parallel in nature to those addressed above for claim 6, and are therefore rejected for those same reasons set forth above in claim 6.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Shah, in view of Goldberg, in further view of Schoner et al. (US 2019/0147709 A1), hereinafter Schoner.
Regarding claim 2, Shah in view of Goldberg teaches the unattended commodity selling assistance system using the vehicle according to claim 1. Shah further discloses:
-acquire data regarding the commodity (Shah, see at least: “the correct loading of the ordered goods into the vehicle is verified. In particular, the ordered goods which have been packed by the provider or made available for collection (or which have already been loaded into the vehicle compartment) can be identified and the correct provision or loading of the ordered goods can be checked, for example using a barcode scanner [i.e. acquire data regarding the commodity] or a wireless identification method” [0019]).
Shah in view of Goldberg does not explicitly disclose the processor being configured to, in response to identifying the purchaser as holding the commodity based on the image processing, give a notification to prompt the purchaser to acquire data regarding the commodity.
Schoner, however, teaches unlocking a lock in response to authentication (i.e. [0125]), including the known technique of the processor being configured to, in response to identifying the purchaser as holding the commodity based on the image processing, give a notification to prompt the purchaser to acquire data regarding the commodity (Schoner, see at least: “a number of items 116 removed from one or more displays 112 are counted. One or more cameras 120 are used to count the number of items 116 removed. For example, the one or more cameras 120 record a shopper removing items 116 from a shelf [i.e. the processor being configured to, in response to identifying the purchaser as holding the commodity]. Video images are analyzed to determine that an item 116 was removed [i.e. based on the image processing]. In optional step 212, the one or more cameras 120 are used to count items 116 that are returned to one or more displays 112” [0048] and “the number of items 116 removed, which is tracked by the registry, is compared to the number of items 116 scanned to obtain a result. The result is saved to a record of the user. For example, the number of items 116 removed is 7 and the number of items 116 scanned is 7” [0051] and “if the result is less than zero, then the user is notified that she might have scanned an item 116 more than once. If the result is greater than zero, then the user is notified to check her items 116 to see if one or more items 116 have not been scanned [i.e. give a notification to prompt the purchaser to acquire data regarding the commodity]” [0053] and “The above methods may be implemented by computer-program products that direct a computer system to perform the actions of the above-described methods and components. Each such computer-program product may comprise sets of instructions (codes) embodied on a computer-readable medium that directs the processor of a computer system to perform corresponding actions [i.e. the processor being configured to]” [0091]). This known technique is applicable to the unattended commodity selling assistance system of Shah in view of Goldberg as they both share characteristics and capabilities, namely, they are directed to unlocking a lock in response to authentication.
It would have been recognized that applying the known technique of the processor being configured to, in response to identifying the purchaser as holding the commodity based on the image processing, give a notification to prompt the purchaser to acquire data regarding the commodity, as taught by Schoner, to the teachings of Shah in view of Goldberg would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar unattended commodity selling assistance systems. Further, adding the modification of the processor being configured to, in response to identifying the purchaser as holding the commodity based on the image processing, give a notification to prompt the purchaser to acquire data regarding the commodity, as taught by Schoner, into the unattended commodity selling assistance system of Shah in view of Goldberg would have been recognized by those of ordinary skill in the art as resulting in an improved unattended commodity selling assistance system that would reduce shop lifting and theft (Schoner, [0006]).
Regarding claim 4, Shah in view of Goldberg teaches the unattended commodity selling assistance system using the vehicle according to claim 1.
Shah in view of Goldberg does not explicitly disclose the processor being further configured to, in response to determining that the purchaser is holding an object other than the commodity registered in advance, give a notification to prompt the purchaser to release the object.
Schoner, however, teaches unlocking a lock in response to authentication (i.e. [0125]), including the known technique of the processor being further configured to, in response to determining that the purchaser is holding an object other than the commodity registered in advance, give a notification to prompt the purchaser to release the object (Schoner, see at least: “a number of items 116 removed from one or more displays 112 are counted. One or more cameras 120 are used to count the number of items 116 removed [i.e. the processor being further configured to, in response to determining]. For example, the one or more cameras 120 record a shopper removing items 116 from a shelf. Video images are analyzed to determine that an item 116 was removed. In optional step 212, the one or more cameras 120 are used to count items 116 that are returned to one or more displays 112” [0048] and “the number of items 116 removed, which is tracked by the registry, is compared to the number of items 116 scanned to obtain a result. The result is saved to a record of the user. For example, the number of items 116 removed is 7 and the number of items 116 scanned is 7” [0051] and “if the result is less than zero, then the user is notified that she might have scanned an item 116 more than once. If the result is greater than zero [i.e. that the purchaser is holding an object other than the commodity registered in advance], then the user is notified to check her items 116 to see if one or more items 116 have not been scanned [i.e. give a notification to prompt the purchaser to release the object]” [0053] and “each time a code is scanned, the corresponding product is added to the first digital shopping basket and N2 is increased by one. The smartphone display provides feedback to the shopper as to which products have been scanned so far. If a shopper makes a mistake, or decides to put a product back on the shelf [i.e. prompt the purchaser to release the object], she can adjust the list P2 using the touchscreen on the smartphone” [0058] and “The above methods may be implemented by computer-program products that direct a computer system to perform the actions of the above-described methods and components. Each such computer-program product may comprise sets of instructions (codes) embodied on a computer-readable medium that directs the processor of a computer system to perform corresponding actions [i.e. the processor being further configured to]” [0091]). This known technique is applicable to the unattended commodity selling assistance system of Shah in view of Goldberg as they both share characteristics and capabilities, namely, they are directed to unlocking a lock in response to authentication.
It would have been recognized that applying the known technique of the processor being further configured to, in response to determining that the purchaser is holding an object other than the commodity registered in advance, give a notification to prompt the purchaser to release the object, as taught by Schoner, to the teachings of Shah in view of Goldberg would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such references into similar unattended commodity selling assistance systems. Further, adding the modification of the processor being further configured to, in response to determining that the purchaser is holding an object other than the commodity registered in advance, give a notification to prompt the purchaser to release the object, as taught by Schoner, into the unattended commodity selling assistance system of Shah in view of Goldberg would have been recognized by those of ordinary skill in the art as resulting in an improved unattended commodity selling assistance system that would reduce shop lifting and theft (Schoner, [0006]).
Response to Arguments
Rejections under 35 U.S.C. §101
Applicant argues that The Office characterizes claim 1 as reciting a "commercial interaction" and therefore as directed to an abstract idea falling under "certain methods of organizing human activity." This characterization misapprehends both the claimed subject matter and the technical focus of the specification. The claimed subject matter is not a business method. It is a specific vehicle control system that (i) captures and analyzes images inside and around a trunk using multiple vehicle mounted cameras, (ii) performs image labeling and integration in coordination with wireless purchaser authentication, and (iii) controls physical unlocking of a trunk door only upon dual authentication of purchaser identity and settlement data. This combination improves vehicle control safety and unattended retail security - a technological field - rather than organizing human activity. Although claim 1 recites purchaser authentication and settlement verification, these features are inseparably tied to technical components. Thus, claim 1 is not "directed to" an abstract idea but to a machine configured to perform specific technical control functions (Remarks, pages 7-9).
Examiner respectfully disagrees. Initially, Examiner points out that Under Prong 1 it is determined whether the claim recites a judicial exception, it is not until Prong 2 that it is determined whether the claim recites additional elements that integrate the exception into a practical application of the exception. Under Prong 1, as is acknowledged by Applicant, the claims recite sales activities such as purchaser authentication and settlement verification. The amended limitations fall within the “Certain Methods of Organizing Human Activity” groupings of abstract ideas, enumerated in MPEP 2106.04(a), as they encompass advertising, and marketing or sales activities. Additionally, even Under Prong 2, the additional elements are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than mere instructions to implement or apply the abstract idea on a generic computing hardware (or, merely use a computer as a tool to perform an abstract idea). Furthermore, the recited claims do not improve the vehicle technology itself and retail security is not a technical field. Accordingly, the amended claims are directed to an abstract idea.
Applicant further argues that, under Step 2A - Prong 2, Even assuming arguendo that purchaser verification reflects a form of human activity, the claim integrates any such concept into a practical vehicular application. The claimed processor continuously captures and processes images from trunk, aperture, and perimeter cameras to detect and distinguish legitimate purchasers and intruders; the image-processing results directly control a physical transformation-the unlocking or locking of the trunk door; and the operation prevents theft or malfunction through sensor fusion and ECU-to-ECU coordination. These features are implemented in specialized hardware (camera ECU 20, communication ECU 30, lock ECU 50, notification ECU 40) and not in a generic computer. The combination therefore represents an improvement to a technical field (vehicle-based unattended retail systems) (Remarks, page 9).
Examiner respectfully disagrees. Detecting and distinguishing legitimate purchasers and intruders, as well as, preventing theft and malfunction are business improvement not technical improvements as the technology itself (e.g. the vehicle, the camera, etc.) or a technological field are not improved. Additionally, the claims do not recite the details of how the image-processing results directly control a physical transformation-the unlocking or locking of the trunk door (e.g. is a signal from a particular device sent that is received by the locking device that triggers a locking mechanism to unlock?). Accordingly, the abstract idea is not integrated into a practical application.
Applicant further argues that, under Step 2B, the Office asserts that the hardware elements are "generic computing hardware." Applicant respectfully disagrees. The claimed system recites non-generic vehicle subsystems that cooperate in a novel way: Multi-camera image labeling and integration for identifying purchaser actions and commodities; Dual authentication logic combining wireless communication data and settlement verification data; and Direct actuation of a mechanical trunk-lock based on those authentications. This combination yields a new technical effect-enabling a general-purpose vehicle to function as a secure, unattended store without human staff-and cannot be performed mentally or manually. Nothing in conventional commerce or generic computing suggests this integration of vehicular sensing, ECU coordination, and physical lock control. Accordingly, the ordered combination recited in claim 1 provides "significantly more" than a judicial exception, satisfying Step 2B (Remarks, pages 9-10).
Examiner respectfully disagrees. Merely utilizing cameras, wireless communication, and a lock in a way that each is intended to be utilized does not improve the technology itself. Additionally, the claims do not actually recite the actuation of the trunk lock, or the lock itself, and the details of how the unlocking mechanism is actually triggered. Accordingly, the recited claims do not amount to significantly more than the judicial exception.
Rejections under 35 U.S.C. §103
Applicant argues that the amendment clarifies that the claimed system identifies a purchaser based on wireless communication data within a communication range of the vehicle, and that the trunk door is unlocked only when both the purchaser identification and settlement verification data indicating that a registered settlement method is valid and available for payment have been successfully authenticated. These clarifications more precisely define the dual-authentication operation implemented in the claimed subject matter and further distinguish the claimed subject matter from the teachings of Shah and Schoner. The present amendment makes clear that the claimed system operates in a manner fundamentally different from both Shah and Schoner (Remarks, pages 15-16).
Applicant’s argument has been considered but is moot because these arguments do not apply to the current combination of references being used to teach the argued amended features.
Applicant further argues that Shah concerns a provider-controlled delivery process in which a delivery person loads goods into a vehicle. The unlocking of the compartment depends on an access code created by the provider and transmitted to the vehicle. Purchaser presence or direct communication between the purchaser and the vehicle plays no role in Shah. In contrast, claim 1 recites that the vehicle identifies a purchaser based on wireless communication data received from the purchaser's terminal within a communication range of the vehicle, and unlocks the trunk door only after confirming both purchaser identification and settlement verification. The claimed dual-authentication process occurs between the purchaser's terminal and the vehicle itself, not through any provider-issued code. Shah thus fails to disclose or suggest the claimed purchaser-side verification (Remarks, pages 16-17).
Applicant’s argument has been considered but is moot because these arguments do not apply to the current combination of references being used to teach the argued amended features. As detailed in the rejection above, newly cited Goldberg teaches the amended features argued by Applicant.
Applicant further argues that Schoner operates in a store environment where a shopper physically enters and exits a retail facility. Authentication occurs via the shopper's smartphone as part of in-store checkout, and payment is executed when the shopper leaves the store. The claimed subject matter, by contrast, performs purchaser identification remotely and contactlessly through wireless communication between the vehicle and the purchaser's terminal. The claimed settlement verification data merely confirms that a registered payment method is valid and available for use, not that payment has been executed. Moreover, the claimed system is specifically adapted for a vehicle performing unattended commodity selling-an outdoor, mobile environment entirely different from Schoner's indoor retail scenario. Integrating Schoner's instore authentication into Shah's vehicle would defeat the purpose of Shah's unattended operation and render the system inoperative (Remarks, page 17).
Applicant’s argument has been considered but is moot because these arguments do not apply to the current combination of references being used to teach the argued amended features. Schoner is not cited to teach the features of amended claim 1.
Applicant further argues that a person of ordinary skill in the art would have had no motivation to modify Shah's access-code-based vehicle control to include Schoner's in-store purchaser-authentication process, and no reasonable expectation of success in doing so. The present dual-authentication configuration-wireless purchaser identification combined with settlement-method verification-would not have been predictable from either reference (Remarks, page 17).
Examiner respectfully disagrees. While Schoner is not cited to teach the dual-authentication configuration-wireless purchaser identification combined with settlement-method verification, Examiner asserts that it would be obvious to combine Schoner with the teachings of Shah. It would have been obvious to combine Schoner with the teachings of Shah as they both share characteristics and capabilities, namely, they are directed to unlocking a lock in response to authentication. Additionally, it would have been recognized by those of ordinary skill in the art as resulting in an improved unattended commodity selling assistance system that would reduce shop lifting and theft (Schoner, [0006]).
Applicant further argues that, based on the foregoing, the applied combination of the cited references, alone or in combination, fails to disclose or suggest each and every feature of amended independent claim 1, which is believed to be in condition for allowance. Amended independent claims 5-7, although differing in scope, recites subject matter similar to that discussed above with respect to amended independent claim 1. The dependent claims depend from their respective base claims and add further limitations thereto (Remarks, pages 17-18).
Examiner respectfully disagrees. As detailed in the rejection above, Shah in view of Goldberg teach the amended independent claims. Accordingly, independent claims 5-7, as well as the dependent claims, are not allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Greenberger et al. (US 2019/0180354 A1) teaches an autonomous road vehicle that is operative to receive ride source requests, product delivery requests, and ancillary product purchase and fulfillment requests.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ARIELLE E WEINER/ Primary Examiner, Art Unit 3689