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 .
Response to Arguments
Applicant argues that the prior art of record does not teach and/or suggest the limitations of newly amended independent claims 1 and 11.
In response, the Examiner respectfully disagree with the Applicant. Applicant’s argument regarding claim 1 pertain to the following limitation “wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform.” The rejection of claim 1 has been restated herein with detailed embedded statements regarding the rejection:
Lu does not disclose wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform.
Hieb discloses wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform (30) to correct an offset of the product delivery platform from a home position of the product delivery platform (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position; furthermore, vending machines such as those disclosed by Hieb that possess an X-Y rail assembly, once the sensor detects the rail assembly is not in its home position, the vending machine initiates an auto-recovery or re-homing sequence; such feature is rather typical of vending machines such as those disclosed by Hieb, hence the reason why the sensor checks whether the rail assembly is in the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform. in order to have a more effective and efficient sensing element component for improving the product delivery.
Furthermore, the applicant’s argument regarding claim 11 pertain to the following limitation “wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position.” The rejection of claim 11 has been restated herein with detailed embedded statements regarding the rejection:
Lu does not disclose wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position.
Hieb discloses wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform (30) to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position; furthermore, vending machines such as those disclosed by Hieb that possess an X-Y rail assembly, once the sensor detects the rail assembly is not in its home position, the vending machine initiates an auto-recovery or re-homing sequence; such feature is rather typical of vending machines such as those disclosed by Hieb, hence the reason why the sensor checks whether the rail assembly is in the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-17,19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 11 recites “wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position.” This limitation is rather unclear since the latter portion of the claim that is not underlined repeated the earlier portion of the claim that is underlined. Clarification of the claim is required.
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.
Claims 1-5,7,9-15,17,19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2013/0134178) in view of Hieb et al. (US 2008/0135574).
Claim 1, Lu discloses a system comprising: a vending machine (fig.1) including a product delivery platform (40) operable to retrieve products from a shelf (12) and deposit products into an access port (24) for retrieval; an image capture device (44) operable to capture at least one image of an interior compartment of the vending machine; and a vending machine controller (50) coupled to at least one memory (52), wherein the vending machine controller is configured to receive, based on an image
analysis of the at least one image, one or more instructions to update the at least one memory (fig.5; the memory inherently is updated).
Lu does not disclose wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform.
Hieb discloses wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform (30) to correct an offset of the product delivery platform from a home position of the product delivery platform (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position; furthermore, vending machines such as those disclosed by Hieb that possess an X-Y rail assembly, once the sensor detects the rail assembly is not in its home position, the vending machine initiates an auto-recovery or re-homing sequence; such feature is rather typical of vending machines such as those disclosed by Hieb, hence the reason why the sensor checks whether the rail assembly is in the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform. in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 2, Lu discloses wherein the image capture device (44) is mounted on the product delivery platform (40).
Claim 3, Lu discloses wherein the one or more instructions include an instruction to update product information of one or more products stored in the vending machine (para.0039).
Claim 4, Lu discloses wherein the instruction to update the product information of the one or more products is received in response to the image analysis of the at least one image indicating a change in product placement in the vending machine for at least one product of the one or more products (para.0039-0042; the change in placement of products inherently would be updated for the product locations).
Claim 5, Lu does not disclose a plurality of product gates disposed on the shelf of the vending machine, and wherein the product information includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product.
Hieb discloses a plurality of product gates (135) disposed on the shelf (120) of the vending machine, and wherein the product information (137) includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product (para.0172). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with a plurality of product gates disposed on the shelf of the vending machine, and wherein the product information includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product in order to further enhance the efficiency of the dispenser.
Claim 7, Lu does not disclose wherein the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform is received in response to the image analysis of the at least one image indicating an offset of the product delivery platform from a home position of the product delivery platform.
Hieb discloses wherein the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform (30) is received in response to an offset of the product delivery platform (30) from a home position of the product delivery platform (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform is received in response to the image analysis of the at least one image indicating an offset of the product delivery platform from a home position of the product
delivery platform in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 9, Lu does not disclose wherein the home position of the product delivery platform is determined based on the image analysis of the at least one image indicating a change in position of the product delivery platform in relation to other objects in the vending machine.
Hieb does not disclose wherein the home position of the product delivery platform (30) is determined based on a change in position of the product delivery platform (30) in relation to other objects in the vending machine (para.0162-0164; checking whether element 30 is in the home position in relation to other objects in the vending machine inherently means, if it's not, element 30 would be corrected to the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the home position of the product delivery platform is determined based on the image analysis of the at least one image indicating a change in position of the
product delivery platform in relation to other objects in the vending machine in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 10, Lu discloses the image capture device (44) is configured to transmit the at least one image to a remote device (54) configured to perform the image analysis (figs.10-12); and the vending machine controller (50) is configured to receive the one or more instructions to update the at least one memory from the remote device (54; since the product location data is stored in the database, the database inherently provides information for the controller to update memory and other functions).
Claim 11, Lu discloses a method comprising: capturing, by an image capture device (44), at least one image of an interior compartment of a vending machine, the vending machine including a product delivery platform (40) that retrieves products from a shelf (12) and deposits products into an access port (24) for retrieval; and receiving, by a vending machine controller (50) coupled to at least one memory (52), one or more instructions to update the at least one memory based on an image analysis of the at least one image (fig.5; the memory inherently is updated).
Lu does not disclose wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position.
Hieb discloses wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform (30) to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position; furthermore, vending machines such as those disclosed by Hieb that possess an X-Y rail assembly, once the sensor detects the rail assembly is not in its home position, the vending machine initiates an auto-recovery or re-homing sequence; such feature is rather typical of vending machines such as those disclosed by Hieb, hence the reason why the sensor checks whether the rail assembly is in the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the one or more instructions include an instruction to update a vertical calibration or a horizontal calibration of the product delivery platform to correct an offset of the product delivery platform from a home position of the product delivery platform; and providing the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform to correct the offset from the home position in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 12, Lu discloses wherein the image capture device (44) is mounted on the product delivery platform (40).
Claim 13, Lu discloses wherein the one or more instructions include an instruction to update product information of one or more products stored in the vending machine (para.0039).
Claim 14, Lu discloses receiving the instruction to update the product information of the one or more products in response to the image analysis of the at least one image indicating a change in product placement in the vending machine for at least one product of the one or more products (para.0039- 0042; the change in placement of products inherently would be updated for the product locations).
Claim 20, Lu discloses transmitting, by the image capture device (44), the at least one image to a remote device (54) to perform the image analysis; and receiving, by the vending machine controller (50), the one or more instructions to update the at least one memory from the remote device (54; since the product location data is stored in the database, the database inherently provides information for the controller to update memory and other functions).
Claim 15, Lu does not disclose wherein the vending machine further includes a plurality of product gates disposed on the shelf of the vending machine, and wherein the product information includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product.
Hieb discloses a plurality of product gates (135) disposed on the shelf (120) of the vending machine, and wherein the product information (137) includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product (para.0172). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein the vending machine further includes a plurality of product gates disposed on the shelf of the vending machine, and wherein the product information includes dispensing parameters for at least one of the plurality of product gates associated with the at least one product in order to further enhance the efficiency of the dispenser.
Claim 17, Lu does not disclose wherein receiving the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform is received in response to the image analysis of the at least one image indicating an offset of the product delivery platform from a home position of the product delivery platform.
Hieb discloses wherein the instruction to update the vertical calibration or the horizontal calibration of the product delivery platform (30) is received in response to an offset of the product delivery platform (30) from a home position of the product delivery platform (para.0162-0164; checking whether element 30 is in the home position inherently means, if it's not, element 30 would be corrected to the home position). Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Lu with wherein receiving the instruction to update the vertical calibration or the
horizontal calibration of the product delivery platform is received in response to the image analysis of the at least one image indicating an offset of the product delivery platform from a home position of the product delivery platform in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 19, Lu does not disclose determining the home position of the product delivery platform based on the image analysis of the at least one image indicating a change in position of the product delivery platform in relation to other objects in the vending machine.
Hieb does not disclose determining the home position of the product delivery platform (30) is determined based on a change in position of the product delivery platform (30) in relation to other objects in the vending machine (para.0162-0164; checking whether element 30 is in the home position in relation to other objects in the vending machine inherently means, if it's not, element 30 would be corrected to the home position). Therefore, it would have been obvious to one of ordinary skill in the art
to provide the device of Lu with determining the home position of the product delivery platform based on the image analysis of the at least one image indicating a change in position of the product delivery platform in relation to other objects in the vending machine in order to have a more effective and efficient sensing element component for improving the product delivery.
Claim 20, Lu discloses transmitting, by the image capture device (44), the at least one image to a remote device (54) to perform the image analysis; and receiving, by the vending machine controller (50), the one or more instructions to update the at least one memory from the remote device (54; since the product location data is stored in the database, the database inherently provides information for the controller to update memory and other functions).
Allowable Subject Matter
Claims 6,16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYODEJI H OJOFEITIMI whose telephone number is (571)272-6557. The examiner can normally be reached 8:30 AM - 5:00 PM.
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/AYODEJI H OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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