DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/19/2026 has been entered.
Response to Arguments
Applicant argues that Wang, Gottstein, and Nix do not disclose or suggest receiving a product request, receiving confirmation of payment, and allowing dispensing of a product within a unique vending session that corresponds to a state of the product dispenser and a state of the web page, whether these references are considered individually or in combination. The Office alleges Wang discloses steps of receiving confirmation of payment and allowing dispensing of a product. (Office Action, pg. 3). However, the Wang does not disclose that these steps occur within a unique vending session that corresponds to a state of the product dispenser and a state of the web page. For example, in Wang's process, the user cannot even access the website that the Office compares to the "web page" of claim 1 until after purchasing a product. (Wang, " [0133], [0134]). In Wang's process, the vending machine prints a QR code on a sticker that is adhered to a product after the user purchases the product, and the user accesses the website by scanning the QR code on the product. (Id.). It is therefore impossible for the user to even access Wang's website until after the product has been paid for and dispensed. Wang therefore does not disclose steps of confirming payment and allowing dispensing of a product within a unique vending session that corresponds to a state of the webpage. Wang's alleged payment and dispensing steps are necessarily independent of the state of the website.
Gottstein and Nix do not overcome this deficiency of Wang. The Office alleges Gottstein
discloses receiving a product request somewhere within columns 3-23 of Gottstein's specification,
but nowhere in those columns does Gottstein disclose or suggest that a product request is received
within a unique vending session that corresponds to a state of a vending machine and a state of a
product web page. And nothing in Gottstein's disclosure would have led a skilled person to modify
Wang to arrive at a process wherein receiving a product request, receiving confirmation of payment, and allowing dispensing of a product would all occur during a unique vending session that
corresponds to a state of a vending machine and a state of a web page. There is nothing in either
reference that would, for example, suggest that a different vending session would have a different
state of the vending machine or web page.
Finally, Nix is relied on only as allegedly disclosing "prior to a product request, read a tag
(101s) located at the product dispenser." (Office Action, pg. 4). Nothing about this would have led a
skilled person to make the foregoing aspects of Wang and Gottstein compared to the claimed steps
of receiving the product request, receiving confirmation of the payment, and dispensing the product
take place within a unique vending session that corresponds to a state of the product dispenser and a
state of the web page.
In response, Applicant’s arguments with respect to claims 9-22,24-31 have been considered but are moot because the new ground of rejection now employs Canter in view of Wang in view of Gottstein et al.
Claims 9-22,24-31 are rejected under 35 U.S.C. 103 as being unpatentable over Canter (US 2013/0035787) in view of Wang (US 2020/0273042) in view of Gottstein et al. (US 11,556,911).
Claim 9, Canter discloses a method of using a product dispenser with a proximal
mobile electronic device, the method comprising: prior to a product request (fig.4a, QR code/tag is displayed on the vending machine prior to the customer making a product selection; product selection is herein construed to mean product request), reading a tag located at the product dispenser with the proximal mobile electronic device (para.0023-0025; fig.4b), wherein: the tag comprises a webpage URL (para.0023), the webpage URL corresponds to a web page provided by a remote server (para.0023-0030; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server), and the web page comprises display data (para.0023; URL contains more information about a product); after reading the tag, accessing the webpage URL on the proximal mobile electronic device (para.0023-0024); transmitting, from the remote server, the display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser (para.0023-0030; URL contains information about a product in a particular vending machine; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server, thus the data displayed on the mobile device of the customer would inherently be transmitted from the remote server); receiving confirmation of a payment for the product at the remote server (para.0023-0030; URL contains information about a product; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server, thus the remote server would inherently remotely confirm payment of the product prior to dispensing the product to the customer); and allowing dispensing of the product from the product dispenser (para.0023-0030; payment of product allows dispensing of the product); wherein the method is free of a requirement for a user to download an associated application ("App") to the proximal mobile electronic device (para.0023-0030).
Canter does not disclose a method of controlling a product dispenser with a proximal mobile electronic device; transmitting, from the remote server, the display data for display on the proximal mobile electronic device comprising a real-time product inventory in the product dispenser; receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device; and wherein the steps of receiving the product request, receiving confirmation of the payment, and allowing dispensing of the product take place within a unique vending session that corresponds to a state of the product dispenser and a state of the web page.
Wang discloses a method of controlling a product dispenser with a proximal mobile electronic device (108; mobile device 108 scans the QR to perform vending operations of which include smart phone payment; see para.0127). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with a method of controlling a product dispenser with a proximal mobile electronic device to provide enhanced convenience, hygiene, and speed for the consumer.
Gottstein discloses transmitting, from the remote server, the display data for display on the proximal mobile electronic device comprising a real-time product inventory in the product dispenser (an important aspect of this kiosk for dispensing golf clubs and other items is that its real-time inventory can be listed on the company's website and mobile App; a customer, from their mobile electronic device, can have access to the real-time product inventory of the particular kiosk; C3-C23); receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device (the customer can make a product reservation from their mobile electronic device; C3-C23); and wherein the steps of receiving the product request (customer makes a product reservation from their mobile electronic device using the website or mobile app; C3-C23), receiving confirmation of the payment (confirmation of payment once payment information is handled and the article paid for is dispensed), and allowing dispensing of the product (fig.3; step 320; article is dispensed to the customer) take place within a unique vending session (fig.3; each time a customer initiates a product request via the mobile app or website is herein construed as a unique vending session that concludes once the customer is dispensed the article they paid for at the kiosk; C3-C23) that corresponds to a state of the product dispenser and a state of the web page (fig.3; a state of the product dispenser is herein construed to be the actions taken by a customer in requesting an article via the mobile app or website and picking up the dispensed article from the kiosk/product dispenser). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with transmitting, from the remote server, the display data for display on the proximal mobile electronic device comprising a real-time product inventory in the product dispenser; receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device; and wherein the steps of receiving the product request, receiving confirmation of the payment, and allowing dispensing of the product take place within a unique vending session that corresponds to a state of the product dispenser and a state of the web page to provide consumers a very efficient dispensing experience by providing instant information access, convenience and speed, contactless interaction and increased engagement with consumers at the dispensing station/kiosk via the URL/QR code website and remote server already provided by the Canter’s vending machine.
Claim 10, Canter does not disclose wherein confirmation of the payment is received from an online payment gateway.
Wang discloses wherein confirmation of the payment is received from an online payment gateway (para.0038,0058). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein confirmation of the payment is received from an online payment gateway to provide enhanced convenience and speed for the consumer.
Claim 11, Canter does not disclose displaying a payment interface on the proximal mobile electronic device, wherein the payment interface allows the user to make an online payment.
Wang discloses displaying a payment interface on the proximal mobile electronic device, wherein the payment interface allows the user to make an online payment (para.0039,0128,0143; 108; mobile device 108 scans the QR to perform vending operations of which include smart phone payment; see para.0127). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein displaying a payment interface on the proximal mobile electronic device, wherein the payment interface allows the user to make an online payment to provide enhanced convenience and speed for the consumer.
Claim 12, Canter does not disclose wherein the payment interface is embedded into the webpage URL.
Wang discloses wherein the payment interface is embedded into the webpage URL
(para.0038-0039,0058; fig.1; user 90 is able to access the mobile payment gateway by scanning the QR code which takes them to the URL and the mobile payment system 104). Therefore, it would have been obvious to one of ordinary skill before the effective filing date in the art to provide the device of Canter with wherein the payment interface is embedded into the webpage URL to provide enhanced convenience and speed for the consumer.
Claim 13, Canter does not disclose wherein the payment interface is embedded into the display data.
Wang discloses wherein the payment interface is embedded into the display data (para. 0038-0039,0058; this feature is inherently present in Wang's invention since the buyer pays on the
vending machine owner's website using the payment interface by accessing remote payment gateway 104 by scanning the QR code to get to the URL). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the payment interface is embedded into the display data to provide enhanced convenience and speed for the consumer.
Clair 14, Canter does not disclose wherein an online payment gateway authorizes the online payment.
Wang discloses wherein an online payment gateway authorizes the online payment (para.0038,0058; the online payment gateway inherently function in this manner). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein an online payment gateway authorizes the online payment to provide enhanced convenience and speed for the consumer.
Claim 15, Canter does not disclose wherein the remove server processes a result of the authorization by the online payment gateway before the product dispenser is allowed to dispense the product.
Wang discloses wherein the remove server processes a result of the authorization by
the online payment gateway before the product dispenser is allowed to dispense the product
(para.0038,0058; see abstract; online gateway payment systems inherently function in this manner). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the remove server processes a result of the authorization by the online payment gateway before the product dispenser is allowed to dispense the product to provide enhanced convenience and speed for the consumer.
Claim 16, Canter does not disclose after receiving the product request, the remote server: requests checkout from an online payment gateway over a network connection, and redirects client
software on the mobile electronic device to a web page provided by the online payment gateway
Gottstein discloses after receiving the product request, the remote server: requests checkout from an online payment system over a network connection, and redirects client software on the mobile electronic device to a web page (the customer can make a product reservation from their mobile electronic device; C3-C23; the customer is able to pay via the mobile app or website which inherently are both over a network connection; furthermore, after selection & request of the product, the customer is inherently redirected to an online page to make payment). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with after receiving the product request, the remote server: requests checkout from an online payment system over a network connection, and redirects client software on the mobile electronic device to a web page simply to provide a faster and efficient dispensing event for the customer.
Wang discloses wherein the remote server: requests checkout from an online payment gateway over a network connection, and redirects client software on the mobile electronic device to a web page provided by the online payment gateway (para.0038,0058; the online payment gateway inherently functions this way). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the remote server: requests checkout from an online payment gateway over a network connection, and redirects client software on the mobile electronic device to a web page provided by the online payment gateway to provide enhanced convenience and speed for the consumer.
Claim 17, Canter does not disclose wherein the client software exchanges information with the online payment gateway to facilitate the payment for the product, and wherein after the payment is received, the online payment gateway confirms the payment for the product at the remote server.
Wang discloses wherein the client software exchanges information with the online payment gateway to facilitate the payment for the product, and wherein after the payment is received,
the online payment gateway confirms the payment for the product at the remote server (0128,0143;
this entire process is inherent in the online payment system of Wang which does utilize an online payment gateway system). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the client software exchanges information with the online payment gateway to facilitate the payment for the product, and wherein after the payment is received, the online payment gateway confirms the payment for the product at the remote server to provide enhanced convenience and speed for the consumer.
Clair 18, Canter does not disclose wherein the online payment comprises a pre-payment associated with the user's account.
Wang discloses wherein the online payment comprises a pre-payment associated with the user's account (para.0128). Therefore, it would have been obvious to one of ordinary skill before the effective filing date in the art to provide the device of Canter with wherein the online payment comprises a pre-payment associated with the user's account to provide enhanced convenience and speed for the consumer.
Claim 19, Canter does not disclose wherein the payment comprises a pre-payment associated with a user's account.
Wang discloses wherein the payment comprises a pre-payment associated with a user's account (para.0128). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the payment comprises a pre-payment associated with a user's account to provide enhanced convenience and speed for the consumer.
Clair 20, Canter discloses wherein the product dispenser allows the dispensing of the product
after receiving the confirmation of the payment (see abstract; product is dispensed to the customer after payment is confirmed; this is how all vending machines operate).
Claim 21, Canter discloses wherein the product dispenser comprises a vending machine (abstract).
Claim 22, Canter does not disclose wherein the webpage URL comprises identification of the real-time product inventory.
Gottstein discloses wherein the webpage URL comprises identification of the real-time
product inventory (C4:16; customers can browse the available inventory of items available at the kiosks in real-time). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the webpage URL comprises identification of the real-time product inventory to provide the consumer with accurate up-to-date available items that can be purchased in the vending machine.
Claim 24, Canter discloses wherein the tag (QR code; para.0023) is a dynamic tag (para.0026) generated by a tag generator (fig.4a-4d) at the product dispenser.
Claim 25, Canter discloses wherein the dynamic tag (figs.4a-4d; para.0023-0030) is unique with respect to all other dynamic tags used by the product dispenser (para.0026).
Clair 26, Canter does not disclose wherein the remote server tracks the real-time product inventory and updates a product database to decrease the inventory when the product is successfully dispensed.
Wang discloses wherein the remote server tracks the real-time product inventory and
updates a product database to decrease the inventory when the product is successfully dispensed
(para.0136). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with wherein the remote server tracks the real-time product inventory and updates a product database to decrease the inventory when the product is successfully dispensed to effectively and efficiently match the updated inventory with the inventory at the vending machine and remote server, which provides consumers with enhanced customer service.
Claim 27, Canter discloses wherein an identifier (vending machine identifier) of the product dispenser (vending machine; para.0023) is encoded into the webpage URL (para.0023; customer scans the QR code with embedded URL, which also encodes the vending machine identifier).
Claim 28, Canter in view of Wang in view of Gottstein discloses a product dispenser; and a remote server, wherein the system is configured to implement, in conjunction with a proximal mobile electronic device (please refer to the rejection of claim 9).
Claim 29, Canter discloses a method of using a product dispenser, the method
comprising: providing a tag (fig.4a, QR code/tag is displayed on the vending machine prior to the customer making a product selection; product selection is herein construed to mean product request) located at the product dispenser, the tag configured to be read by a proximal mobile (para.0023) electronic device prior to a product request (fig.4a, QR code/tag is displayed on the vending machine prior to the customer making a product selection; product selection is herein construed to mean product request), wherein: the tag comprises a webpage URL (para.0023), the webpage URL corresponds to a web page provided by a remote server (para.0023-0030; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server), and the web page comprises display data (data (para.0023; URL contains more information about a product); receiving confirmation of a payment for the product at the remote server (para.0023-0030; URL contains information about a product; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server, thus the remote server would inherently remotely confirm payment of the product prior to dispensing the product to the customer); and dispensing of the product from the product dispenser (para.0023-0030; payment of product allows dispensing of the product); wherein the method is free of a requirement for a user to download an associated application ("App") to the proximal mobile electronic device (para.0023-0030).
Canter does not disclose a method of controlling a product dispenser; transmitting, from the remote server, the display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser; receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device; the steps of receiving the product request, receiving confirmation of the payment, and dispensing the product take place within a unique vending session that corresponds to a state of the product dispenser and a state of the web page.
Wang discloses a method of controlling a product dispenser (108; mobile device 108 scans the QR to perform vending operations of which include smart phone payment; see para.0127). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with a method of controlling a product dispenser to provide enhanced convenience, hygiene, and speed for the consumer.
Gottstein discloses transmitting, from the remote server, the display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser (an important aspect of this kiosk for dispensing golf clubs and other items is that its real-time inventory can be listed on the company's website and mobile App; a customer, from their mobile electronic device, can have access to the real-time product inventory of the particular kiosk; C3-C23); receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device (the customer can make a product reservation from their mobile electronic device; C3-C23); and the steps of receiving the product request (customer makes a product reservation from their mobile electronic device using the website or mobile app; C3-C23), receiving confirmation of the payment (confirmation of payment once payment information is handled and the article paid for is dispensed), and dispensing the product (fig.3; step 320; article is dispensed to the customer) takes place within a unique vending session (fig.3; each time a customer initiates a product request via the mobile app or website is herein construed as a unique vending session that concludes once the customer is dispensed the article they paid for at the kiosk; C3-C23) that corresponds to a state of the product dispenser and a state of the web page (fig.3; a state of the product dispenser is herein construed to be the actions taken by a customer in requesting an article via the mobile app or website and picking up the dispensed article from the kiosk/product dispenser). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with transmitting, from the remote server, the display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser; receiving, at the remote server and through the web page, the product request for a product in the real-time product inventory from the proximal mobile electronic device; the steps of receiving the product request, receiving confirmation of the payment, and dispensing the product take place within a unique vending session that corresponds to a state of the product dispenser and a state of the web page to provide consumers a very efficient dispensing experience by providing instant information access, convenience and speed, contactless interaction and increased engagement with consumers at the dispensing station/kiosk via the URL/QR code website and remote server already provided by the Canter’s vending machine.
Claim 30, Canter discloses a method of using a product dispenser with a proximal mobile electronic device, the method comprising: reading a tag (para.0023-0025; fig.4b) located at the product dispenser with the proximal mobile electronic device, wherein the tag comprises a webpage URL (para.0023); after reading the tag, accessing the webpage URL on the proximal mobile electronic device (para.0023); receiving confirmation of a payment for the product at the remote server (para.0023-0030; URL contains information about a product; control of the vending machine can be done remotely, see para.0030, inherently meaning being controlled via a remote server, thus the remote server would inherently remotely confirm payment of the product prior to dispensing the product to the customer); and allowing dispensing of the product from the product dispenser (para.0023-0030; payment of product allows dispensing of the product); wherein the method is free of a requirement for a user to download an associated application ("App") to the proximal mobile electronic device (para.0023-0030); and wherein the tag is a dynamic tag (figs.4a-4d; para.0023-0030) generated by a tag generator (para.0026) at the product dispenser.
Canter does not disclose a method of controlling a product dispenser with a proximal mobile electronic device; transmitting, from a remote server, display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser; receiving, at the remote server, a product request for a product in the real-time product inventory from the proximal mobile electronic device.
Wang discloses a method of controlling a product dispenser with a proximal mobile electronic device (108; mobile device 108 scans the QR to perform vending operations of which include smart phone payment; see para.0127). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with a method of controlling a product dispenser with a proximal mobile electronic device to provide enhanced convenience, hygiene, and speed for the consumer.
Gottstein discloses transmitting, from a remote server, display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser (an important aspect of this kiosk for dispensing golf clubs and other items is that its real-time inventory can be listed on the company's website and mobile App; a customer, from their mobile electronic device, can have access to the real-time product inventory of the particular kiosk; C3-C23); receiving, at the remote server, a product request for a product in the real-time product inventory from the proximal mobile electronic device (the customer can make a product reservation from their mobile electronic device; C3-C23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Canter with transmitting, from a remote server, display data for display on the proximal mobile electronic device, the display data being unique to the product dispenser and comprising a real-time product inventory in the product dispenser; receiving, at the remote server, a product request for a product in the real-time product inventory from the proximal mobile electronic device.to provide consumers a very efficient dispensing experience by providing instant information access, convenience and speed, contactless interaction and increased engagement with consumers at the dispensing station/kiosk via the URL/QR code website and remote server already provided by the Canter’s vending machine.
Claim 31, Canter discloses wherein the dynamic tag (figs.4a-4d; para.0023-0030) is unique with respect to all other dynamic tags used by the product dispenser (para.0026).
Conclusion
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
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