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 .
Status of the Claims
Claims 1-13 and 15-16 were previously pending and subject to a non-final office action mailed 04/03/2026. Claims 1 and 7 were amended; no claim [] was cancelled, or added in a reply filed 07/02/2026. Therefore claims 1-13 and 15-16 are currently pending and subject to the final office action below.
Response to Arguments
Applicant’s arguments, see remarks p. 6-7, filed 07/02/2026, with respect to 101 rejection have been fully considered and are persuasive. The 101 rejection of claims 7-11 and 16 has been withdrawn.
Applicant’s arguments with respect to 103 rejection have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625).
As per claim 1/7, Rivalto discloses a method of automated vending and delivery of a product to consumers, the method comprising:
displaying a list of products available in a predetermined area on an electronic device ([0047] A customer may initiate an interaction by contacting the touchscreen 22 and then browse the products 122 available in virtual product aisles/categories 72 displayed on the visually interactive screen 21. When ready to make a final purchase, the visually interactive screen 21 provides a single page app display with instructions to the customer to select a payment type 220. ..[0069]… At initiation 203, which may be activated by a touch of the touchscreen 21 by a customer or the scanning of a customer loyalty card or equivalent action, the system 10 directs the user interface module 20 via one or more device actor(s) 47 to capture a digital photograph 87 of the customer by one or more of the onboard cameras 23, which is sent via the local computer 41 to the client 56 and stored at the database server 42. Initiation 203 causes the customer interface to display the Display Aisle Selection Screen 204 on the touchscreen device 21 (FIG. 3B). The Display Aisle Selection Screen 204 is generated by the client 56 based on information of available inventory 120 stored at the database server 42 and sent to the local computer 41 for display to the customer…[0084] Once an automated retail facility unit 1 is selected, the smartphone app 331 displays the Display Aisle Selection Screen 405 similar to that shown in FIG. 3B on the touchscreen of the smartphone 330. The Display Aisle Selection Screen 405 is generated by the client 56 based on information of available inventory 120 stored at the database server 42 and sent to the smartphone app 331. The process of navigation of virtual aisles and individual products in inventory on the smartphone app 331 is essentially the same as for the in-person operation 200, described in detail above.);
receiving, at a web server, a selection of a product from the list of products on the electronic device ([0070]… [0070] The customer is prompted on the Display Aisle Selection Screen 204 to select an aisle 72. Once an aisle is selected 89, the system 10 generates at the client 56 an appropriate single page app based on information of available inventory 120 for the aisle chosen by the customer, which is stored at the database server 42. This single page app is sent to the local computer 41 for display on the touchscreen device 21 as the Aisle Detail Screen 205 (FIG. 3C). Optionally, a supplemental Aisle Detail Screen 205a (FIG. 3D) may be populated with all products 122 of a particular type (such as “gum” selected from within a “snacks” aisle). Once the Aisle Detail Screen 205 is displayed, the customer may select an individual displayed product button 206 to prompt the system 10 to display on the touchscreen device 21 a Product Detail Screen 207 for that selected product (FIG. 3E). As each screen/page before, the information of the selection input is sent via the local computer 41 to the client 56 at the cloud server 43 level, where an appropriate single page app is generated, in this case as the Product Detail Screen 207 for the chosen product 128.… It should be appreciated that the amount of information 62 displayed on the Product Detail Screen 207 is controlled by a supervisor operator 58 of the system 10, which may also be based on programmed trigger events stored in the database server 42, such as selection of a particular product, manufacturers' specials, nutritional information, past purchasing behavior, and other criteria well-known in the retail field…[0071] The Product Detail Screen 207 also provides a customer with the prompt/opportunity to add the selected product 128 to the customer's virtual cart 93. If a product 122 is then added to the customer's virtual cart 93 by providing the appropriate input from the customer, the system 10 generates at the client 56 an appropriate single page app showing that the selected product 128 has been added to the customer's virtual cart 93. The “updated” Product Detail Screen 208 is (see FIG. 3F) then sent to the local computer 41 for display via the customer interface module 20. The inventory data 60 for the selected product 128 is updated in the database server 42 to note the pending sale of one of the selected product 128 at the automated retail facility unit 1. );
dispensing, at a dispenser, the selected product to a delivery area; ([0022]… the device actor sending a signal to a dispensing unit corresponding to the product selection; and conveying the product to a dispensing chute, the signals, collectively, processed by a remote server in indirect communication with the customer interface module, the payment gateway module, the device actor and the dispensing unit…[0040] In a particularly preferred embodiment, the automated retail facility unit 1 comprises two user interface modules 20 & 20′, two automated payment modules 30 & 30′, two local computers 41 & 41′, and two product dispensing and delivery modules 100 & 100′ (preferably, the modules 100 & 100′ share a conveyor belt system 170 with bidirectional conveyor belt apparatus 171). It should be understood that other embodiments may contain more or less than two of these modules and/or individual components thereof. Each of the above modules/components is separately associated to form a port 17, such that this described preferred embodiment has two independent ports (17 & 17′). In embodiments comprising more than one product dispensing and delivery module 100, certain components of this module may be shared, such as a bidirectional conveyor belt apparatus 171, for internal movement of products 122 as they are dispensed and delivered to a customer.);
determining, via a sensor, the selected product is positioned at the delivery area (0065]… These messages from the connected devices 45, such as the dispensing unit 108, merely indicate normal operations or a failure (error) in operation (e.g., that the dispensing unit 108 rotary motor turned the appropriate amount or not. Sensors 145 (see above) located in the product dispensing area 179 and/or dispensing chute 140 may be used to confirm the dispensing of the selected product(s) 128 based on stored product information 62 in the database server 42.)
communicating, via a dispenser communication assembly, a confirmation signal of the presence of the selected product at the delivery area to the web server ([0064] The cloud server 43 further comprises control modules for facility client 56 operations, supervisor client 58 operations, and administrative client 59 operations. Facility client 56 operations include, without limitation, the programmable logic controllers (PLC 51) that are in direct bidirectional communication with the local computer 41, which, in some embodiments, relays network communication messages to and from the PLC 51 and cloud server 43…[0065]… Once the dispensing unit 108 has completed its operation, it will send a message indicating normal or error operation to the cloud server 43, which will in turn send the message up the system levels where it is recorded against stored inventory data 60 and/or error message data 63 in the database server 42. These messages from the connected devices 45, such as the dispensing unit 108, merely indicate normal operations or a failure (error) in operation (e.g., that the dispensing unit 108 rotary motor turned the appropriate amount or not. Sensors 145 (see above) located in the product dispensing area 179 and/or dispensing chute 140 may be used to confirm the dispensing of the selected product(s) 128 based on stored product information 62 in the database server 42.);
However, Rivalto does not disclose but Dominguez discloses upon receiving the confirmation signal, retrieving, via a mobile delivery unit, the selected product from the delivery area ([0027] In operation, items are placed on the conveyors 68 and 69. The conveyors bring the items into the cells. While an item travels on the conveyors 68 or 69, the destination code on the item is read by an item reader 100. Once inside the cells, the items are directed to the central conveyor 72 to a desired location or pick-up point. The presence of an item at the pick-up point is sensed by a sensor and the sensor sends an item or part present signal to the system controller, which in response to receiving that signal turns off the conveyor. The system controller also informs the robot that an item is located at the pick-up point. The item is then lifted vertically from the conveyor surface by a pick-up lift 110 (shown schematically in FIG. 6) allowing the robot's gripper to engage the item. The robot then moves to the item, grasps it, and moves it to a container within the cell.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the limitations above as taught by Dominguez in the teaching of Rivalto, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
However, Rivalto in view of Dominguez does not disclose but Gillett discloses
the mobile delivery unit comprising: an arm; a gripper attached to the arm and configured to grasp the selected product and retrieve it from the delivery area ([0122] In various navigation procedures the humanoid delivery robot 300D comprising robotic legs 316 which attach to the drive wheel 310, whereby the drive wheels 310 are configured to drive over steers and sidewalks. Wherein both humanoid delivery robot 300D/300D is configured with a cargo compartment 309 the delivery robot 300DD may include robotic arms 313 to obtain a payload then maneuver the payload 402 into the cargo compartments 309 via grippers 315… [0127] As discussed above, the robotic arm 313 configured with gripper 315 with joint motors/actuators to transfer a payload into or from a cargo container 309 to the ground or configured to pick-up a payload that packaged or not packaged, further details will be discussed below.);
a receptacle configured to store the product ([0116]… As shown FIG. 3A illustrates the delivery robot 300A comprising an opened compartment 309 to securely hold a boxed payload 108, The compartment of the delivery robot 300A is opened by the recipient or delivery driver 317+401 to unload/load the payload 108-402 therein.); and
a delivery unit communication assembly configured to receive the instructions ([0116]… The control system provides a communication module 504 which is to wirelessly communicate messages respect to instruction 502 for robotic mechanisms to affix a boxed payload 108-402 inside the cargo compartment 309 via an opened lid 317 or to dump the payload out, some methods are exampled loading processes 601-613, other maneuvering actions are achievable.); and
delivering, via the mobile delivery unit, the selected product to the consumer ([0036] In greater detail FIG. 1 illustrates a Modular Delivery Vehicle System 400 working at a delivery location 404 setting, accordingly the modular delivery vehicle system 400 may employ various delivery drones 200A-200B and delivery robots 300A-300DD to actively deliver customers their payload 402, other settings may be a business center delivery location or a neighborhood areas, pretty much anyplace. Respectively, FIG. 1 shows some exemplary interactions between the delivery vehicles 100A-100B, delivery drones 200A-200B, delivery robots 300A-300DD….. [0037] Accordingly, the delivery drones 200A-200B and the delivery robots 300A-300DD are capable to handle a payload 402 with Payload Handling System 600 procedures 601-613, and then deliver payloads 403 to delivery destination 404. The delivery drones 200A-200B and the delivery robots 300A-300DD disembark from the delivery vehicle 100A-100B by Dispatch Management System 700 procedures 701-715 to go to delivery address, or go where a drop-off spot 405 is, or go where a recipient 406 is waiting as exampled by black arrows which indicate Aerial Logistic Mode 800A and indicate Land Based Logistic Mode 800B to travel on roads, sidewalks and bike lanes. [0038] In accordance with a dispatch management system 700 delivery drones 200A-200B, delivery robots 300A-300DD are capable to pick-up payload 407 where a pick-up spot 408 is, as exampled, which may be to fly or to drive indoors or outdoors to access buildings, courtyards, rooftops, off road, etc. [0039] In accordance with a dispatch management system 700 the various delivery drones 200A-200B and/or delivery robots 300A-300DD provide one or more instructions which may be fly or drive to work at buildings, arenas or work in space.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing the invention to include the limitations above as taught by Gillett in the teaching of Rivalto in view of Dominguez, in order to overcome the objections of regulators and the general public to reach an expanded geographical area by flying and/or by driving to delivery locations in urban and rural settings without or with airports (Gillett, abstract).
As per claim 2, Rivalto does not disclose but Gillett discloses loading the product into a receptacle of the mobile delivery unit ([0122] In various navigation procedures the humanoid delivery robot 300D comprising robotic legs 316 which attach to the drive wheel 310, whereby the drive wheels 310 are configured to drive over steers and sidewalks. Wherein both humanoid delivery robot 300D/300D is configured with a cargo compartment 309 the delivery robot 300DD may include robotic arms 313 to obtain a payload then maneuver the payload 402 into the cargo compartments 309 via grippers 315…) (please see claim 1 rejection for combination rationale).
As per claim 3, Rivalto does not disclose but Gillett discloses wherein instructing the mobile delivery unit to deliver the product to the consumer comprises: delivering the product to a pickup area ([0069] The control system 101 comprising at least one processor configured to access the at least one memory 103 and execute the computer-executable instruction to at least cooperate with the GPS 514 involving navigation system 600A/600B and the GPS 514 is to generate a route map of a terrain between the delivery vehicle 100A-100B and a payload 402 drop-off spot at a delivery destination 403, 415b, and a set of navigation instruction 502 502 that are based on the route map, to assist the delivery drones 200A-200B, delivery robots 300A-300D travel to delivery payload 402 drop-off spot at the delivery destination 404… [0089] The delivery vehicle 100A-100B include a control system 101, the delivery drones 200A-200B include a control system 201, and delivery robot 300A-300DD include a control system 301, each system linked to a combination of sensors 103 and cameras 104 to monitor or execute operations or to perform tasks, and to handle a payload 402 and/or to deliver payloads 404 via a navigation system which may involve instructions to fly 801-809 or to drive 801-809 on a road or a sidewalk to deliver the payload 402 to a drop-off spot which is one of an entryway to a building 403a, inside a building 403b or a payload 406 location 403c… [0142] In one delivery method, a payload 402 standing by for pick-up which is exampled in FIG. 3A and FIG. 3B, whereby the recipient 406 simply takes the (boxed) payload out of a cargo compartment 309 as FIG. 11 illustrates a tote being pulled out by hands.) (please see claim 1 rejection for combination rationale).
As per claim 4, Rivalto does not disclose but Gillett discloses selecting a delivery criteria; and confirming the delivery criteria is satisfied, wherein the delivery criteria comprises at least one of a delivery location and a selected recipient ([0158] In greater detail FIG. 7 illustrates the Dispatch Management System 700 in which instruction 502 may involve the following steps: 701 Loading a payload 402 and delivery drones/delivery robots inside a cargo section of a delivery vehicle 100; 702 Initiate navigation instruction 502 to the delivery vehicles to drive on a GPS route to delivery address, or to a recipient 406 spot; 703 Provide remote instruction 502 to an autonomous delivery vehicle to apply steps 610 to affix a specific payload 402 on delivery drone/delivery robot; 707 Provide remote instruction 502 by a remote operator 501 to dispatch various delivery drones/robots; 708 Initiating communication with the delivery vehicles on a GPS route in proximity to the at least one delivery destination 403; 709 Does the delivery drone's/robot's payload 402 match 406s address? 710 Instruct the delivery drone or the delivery robot to dispatch to the correct location of the 406; 711 Provide instruction 502 to delivery drones/robots to exit from the delivery vehicle, then to navigate to the delivery destination 403; 712 Does the recipient receive the payload 402? 713 Does the delivery drone/robot drop-off the payload 402 at the delivery destination 403? 714 Initiate instruction 502 to deliver payload 402, then capture an image via 204-304 of the delivered payload 402; 715 Provide instruction 502 to delivery drones/robots to fly 601 and/or drive 602 to delivery destinations 403.) (please see claim 1 rejection for combination rationale).
As per claim 5, Rivalto discloses further comprising: selecting a second product from the list of products (paragraph 47, 69-71 and 84). However, Rivalto does not disclose but Gillett discloses receiving the second product from the mobile delivery unit (paragraph 36-39) (please see claim 1 rejection for combination rationale).
As per claim 6, Rivalto discloses wherein the second product is located separately from the first product ([0056]… The goods dispensing tray 101 is comprised of a bottom plate 104 and two side barrier walls 105, which may optionally include bottom plate extension 104a and side barrier wall extensions 105a to customize the product stocking space depth of the goods dispensing tray 101. Between the side barrier walls 105, product lanes 106 are created by placing additional barrier walls 105b running parallel to the side barrier walls 105. Within each product lane 106 is a corkscrew inventory holder 107 powered by an electric motor 108 at the stocking or back end 154b of the tray 101 in communication with a PLC 51 as a connected device 45…[0066]… If an error persists, note is again made (stored) in the database server 42, and instructions are sent from the facility client 56 via the cloud server 43 for the PLC 51 to activate a second or subsequent dispensing unit 108 that contains the selected product 122 (in some circumstances, the same goods 123 may be stocked in inventory 120 in more than one product lane 106 with its own dispensing unit 108, which will be known to the automated vending facility system 10 via inventory data 60 stored on the database server 42).).
As per claim 8, Rivalto discloses receiving a payment from the mobile electronic device of the consumer ([0085] If a remote customer's virtual cart 93 includes at least one product 122, the Product Detail Screen 407 also provides the remote customer with the prompt/opportunity to checkout and complete the transaction. If the touchscreen of the smartphone 330 receives from the remote customer an input for checkout 340, the input information is sent via the smartphone app 331 to the client 56, which then contacts the database server 42 for generating a single page app for a Method of Payment Screen 411 similar to that shown in FIG. 3G that is then sent to the smartphone app 331 for display. The smartphone app 331 is naturally limited to electronic forms of payment, and these proceed as detailed elsewhere in the instant disclosure, with the exception that information of electronic payment forms (e.g., card numbers and validation information, mobile payment/digital wallet service information, etc.) must be entered manually into the smartphone app 331 or accessed from memory associated with the smartphone app 331 or user and/or stored in the database server 42 rather than activation of a reader device 36. Once electronic payment is confirmed, the client 56 generates an electronic receipt for delivery to the remote customer via email, text message, stored in memory at the smartphone 330 and accessible by the smartphone app 331, and/or other electronic delivery methods. Alternatively, payment may be deferred until the remote customer or a proxy 353a arrives at the selected automatic retail facility unit 1 for dispensing 412.).
As per claim 10, Rivalto does not disclose but Gillett discloses wherein delivering the selected product to the consumer comprises: navigating to the consumer based on at least one of a navigational instruction from a web server and a map stored in a memory of the mobile delivery unit (([0043] The control network 500 transmitting a set of navigation instructions that are based on the GPS route map, to assist the delivery drone 200A-200B, delivery robot 300A-300DD travel to the payload 402 drop-off spot 405….claim 5: instructing the delivery robot to deliver the payload to its delivery destination via a predetermined GPS route; generating GPS route for an aerial flight plan; generating GPS route for a topography drive plan; instructing the delivery robot to switch an aerial flight plan to a topography drive plan in order to deliver a payload in a no-fly zone; generating GPS return route; instructing the delivery drone to return to the delivery vehicle via GPS return route, and/or storing GPS route data.)(please see claim 7 rejection for combination rationale).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 7, in further view of Luo (US 2018118010).
As per claim 9, Rivalto does not disclose but Luo discloses wherein delivering the selected product to the consumer comprises: determining the selected product requires temperature control; identifying a pickup area based on a temperature control capability; and delivering the selected product to the pickup area (paragraph 33, “Initially, method 300 receives 302 an order for delivery of one or more items to a vehicle, such as an unattended vehicle. The method identifies 304 any temperature-sensitive items in the received order, including identifying whether the items require a heated environment or a cooled environment. Method 300 also identifies 306 a vehicle to receive the order and determines 308 what kind of storage compartments are available in the vehicle that will be receiving the order. For example, the method may determine the number of compartments, the size of the compartments, and the types of compartments (e.g., heated, cooled, or ambient temperature). Based on the identified temperature-sensitive items and the vehicle's available compartments, method 300 determines 310 whether the vehicle has appropriate compartments to receive the order.”)
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation as taught by Luo in the teaching of Rivalto, in order secure delivery of packages to unattended vehicles (Luo, paragraph 2).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 7, in further view of Chitta (US 2017/0246744).
As per claim 11, Rivalto discloses a dispensing area per claim 1/7. Dominguez dsiclsoes grasping the selected product via the gripper ([0027] In operation, items are placed on the conveyors 68 and 69. The conveyors bring the items into the cells. While an item travels on the conveyors 68 or 69, the destination code on the item is read by an item reader 100. Once inside the cells, the items are directed to the central conveyor 72 to a desired location or pick-up point. The presence of an item at the pick-up point is sensed by a sensor and the sensor sends an item or part present signal to the system controller, which in response to receiving that signal turns off the conveyor. The system controller also informs the robot that an item is located at the pick-up point. The item is then lifted vertically from the conveyor surface by a pick-up lift 110 (shown schematically in FIG. 6) allowing the robot's gripper to engage the item. The robot then moves to the item, grasps it, and moves it to a container within the cell)(please see claim 1 rejection for combination rationale).
However, Rivalto in view of Dominguez does not disclose but Chitta discloses detecting a gripper of a mobile delivery unit in the product dispensing area ([0024] Described herein are implementations of robotic picking systems that can locate and pick boxes from an unstructured pallet using computer vision alone, or using one or more “exploratory picks” combined with computer vision to determine the sizes and locations of boxes. According to various implementations, the system uses computer vision and images (both 2D and/or 3D) from one or more visual sensors (e.g., one or more cameras) to determine the outermost corners of the top layer of a pallet of boxes. It then performs an exploratory pick using a robot and an attached gripper, lifting the outermost box from its corner by a small amount to separate it from the top layer. The system takes a new image of the pallet and the boxes and using computer vision again, and computes a difference between the two images to determine the size of the picked box and its position in the layer. It puts the box down and, using the computed size and position, picks it up again at its center to complete the task… [0034] Once the robot is powered on and its control system has properly booted, a human operator guides a system calibration (e.g., via computing device 29) in which the system learns the location of the pallet from which it will pick boxes and the location to which the picked boxes are to be delivered; in this example, a conveyor (not shown). A calibration fiducial is placed on the gripper, and the robot's arm is moved around to about 20 different poses which are captured by the camera so that the system can determine where the camera is in space. That is, because the robot arm's location in space is known to the system, the location of the camera can be determined by the different views of the fiducial at different known locations. [0045] Referring to the flowchart in FIG. 3, the system now places the box back on the pallet, and repositions the Robot 28 with attached Gripper 30 to now pick the Box 12 at its Center 56, using an orientation that will best secure the box with the gripper (e.g., orienting the Gripper 30 along the longer edge of the box as shown in FIG. 11). The arm then lifts the box up by the maximum box height (e.g., as specified by the operator), plus some margin, above the top most surface of the pallet load (as determined from the recently generated point cloud)….the passages above teach a sensor guided robotic system that determines where the gripper is to be positioned, moves the gripper into place, and captures sensor imagery including the robot and gripper).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation as taught by Chitta in the teaching of Rivalto in view of Dominguez, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 1, Hartnell (US 7519451).
As per claim 12, Rivalto does not disclose but Hartnell discloses wherein determining the product is positioned at a delivery area comprises the sensor detecting the presence of the product in the delivery area for at least three seconds (col. 2:62-col. 3:5, “Software associated with the present invention monitors the delivery area sensor during the time the cup ring is cycled and a predetermined amount of time afterwards. In one embodiment this period of time is three seconds. If a cup is not detected, the software will determine if an additional cup ring with the same size cups exists and attempt to drop a cup from the additional ring”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Hartnell in the teaching of Rivalto, in order to verify that a beverage product ordered by a vending customer is actually delivered through a delivery area to the customer (Hartnell, abstract).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 1, Smith (US 20190019240).
As per claim 13, Rivalto does not disclose but Gillett discloses instructing a mobile delivery unit to retrieve the product ([0114] Respectively land-based navigation is accomplished by preprogrammed GPS coordinates 514, accordingly the delivery drones 200B also comprise sensors 203 to monitor mechanical mechanisms, the surroundings inside or outside the delivery drones 200B, utilize cameras 204 to capture images after dropping off the payload at the drop-off spot 405. Accordingly, the delivery robots 300A-300D may use a combination of sensors and cameras to navigate inside the delivery vehicle to attain payloads, more so to monitor operations outside the vehicle, and when navigating on streets, bike lanes, sidewalks, courtyards, or inside buildings, etc. to drop-off payloads or pick-up payloads… [0157] Accordingly, a schematic operation in which the payload handling procedure 601 may apply the following loading process steps 601A-601F involving; 601A a robotic arm 113 with sensors and grabbing device is programmed to identify and obtain a specific payload label described as a compensation marker 602 which is achieved by scanning the palletized packages that are boxed or bagged in a bin; 601B the mechanical w/grabbing device is programmed to move about a track to position over a specific payload 402; 601C the grabbing device wedges in-between stacked packages and picks-up a specific package; 601D the mechanical arm situates the package directly over the delivery robot's payload compartment; 601D the grabbing device releases the package the delivery robot's payload compartment receives the payload; 601F the robotic arm 113 repositions to repeat the loading process again, these steps are repeated as the delivery robot arrives and departs the delivery vehicle 1006.).
However, Rivalto in view of Gillett does not disclose but Smith discloses wherein instructing a mobile delivery unit to retrieve the product is delay by ten seconds after the confirmation signal is communicated to the web server (paragraph 14, “As defined herein, “real-time” can, in some embodiments, be defined with respect to operations carried out as soon as practically possible upon occurrence of a triggering event. A triggering event can include receipt of data necessary to execute a task or to otherwise process information. Because of delays inherent in transmission and/or in computing speeds, the term “real time” encompasses operations that occur in “near” real time or somewhat delayed from a triggering event. In a number of embodiments, “real time” can mean real time less a time delay for processing (e.g., determining) and/or transmitting data. The particular time delay can vary depending on the type and/or amount of the data, the processing speeds of the hardware, the transmission capability of the communication hardware, the transmission distance, etc. However, in many embodiments, the time delay can be less than approximately one second, two seconds, five seconds, or ten seconds.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Smith in the teaching of Rivalto in view of Gillett, in order to encompass operations that occur in “near” real time or somewhat delayed from a triggering event (please see Smith paragraph 14).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 1, Ripert (US 20190114583).
As per claim 15, Rivalto in view of Gillett does not disclose but Ripert discloses further comprising instructing the mobile delivery unit to wait at a location near the delivery area until the confirmation signal is communicated (paragraph 33, 36, 52, “In some cases, the shopper management engine 210 assigns orders that have already been prepared (i.e., orders that have an estimated completion time of zero) so that the driver does not have to wait for orders to be prepared. In other cases, it may be more efficient to have the driver wait for one or more orders, so that the driver can deliver more orders in one batch. In the above example, Driver 1 is scheduled to arrive at 11:42 pm. When Driver 1 arrives at 1:42 pm, the shopper management engine 210 assigns the orders presently allocated to Driver 1 (Orders 1, 2, and 4 according to Table 2) to Driver 1, which have already been prepared by the in-store shoppers.”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation above as taught by Ripert in the teaching of Rivalto in view of Gillett, in order to deliver more orders in one batch (please see Ripert paragraph 52).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rivalto (US 2018/0276602) in view of Dominguez (US 2002/0092801) and Gillett (US 2021/0132625), as disclosed in the rejection of claim 1, Bryant (US 20190333036).
As per claim 16, Rivalto does not disclose but Bryant discloses wherein the mobile delivery unit comprises a first communication assembly, and the product dispenser comprises a second communication assembly, and wherein the web server is in communication with the first communication assembly and the second communication assembly (fig. 6, paragraph 29, 32, 51).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include the limitation as taught by Bryant in the teaching of Rivalto, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR ZEROUAL whose telephone number is (571)272-7255. The examiner can normally be reached Flex schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda Jasmin can be reached at (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
OMAR . ZEROUAL
Examiner
Art Unit 3628
/OMAR ZEROUAL/Primary Examiner, Art Unit 3629
Prosecution Insights