zasNotice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This Office Action is in response to Applicant’s communication filed on November 19, 2024 for the patent application 18/952,778. Claim 1 is pending in the application.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted on December 16, 2024, January 14, 2025, August 19, 2025, September 30, 2025 and December 10, 2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, these Information Disclosure Statements are being considered by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1 is rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 is either directed to a method or system or computer readable medium, which are statutory categories of invention. (Step 1: YES).
The Examiner has identified method claim 1 as the claim that represents the claimed invention for analysis. Claim 1 recites the limitations of:
( A ) at an application executing on a mobile device:
identifying the unattended machine in proximity to the mobile device, the identifying based at least in part on an identifier corresponding to the unattended machine, wherein the unattended machine is a payment operated machine that accepts payment for dispensing of products and/or services, and wherein the unattended machine includes a control unit and a pulse-providing device electrically coupled to the control unit;
after identifying the unattended machine, receiving, from a server, first information about a first set of remotely-configured options for interacting with the unattended machine;
in response to receiving the first information about the first set of remotely-configured options, displaying, in the application, user interface objects that allow for selection of respective options in the first set of remotely-configured options;
detecting a selection of a first user interface object that corresponds to a first option in the first set of remotely-configured options;
after detecting the selection of the first user interface object, receiving, from the server, pulse information specifying a count, amplitude, shape, or interval of electric pulses to be provided to the control unit of the unattended machine by the pulse-providing device in accordance with the first option;
in accordance with a determination that a trigger condition has been satisfied, sending the pulse information to the pulse-providing device; and
at the pulse-providing device:
receiving the pulse information;
determining based on the received pulse information a signal sequence of electrical pulses to output to the control unit of the unattended machine in order to initiate a cashless operation of the unattended machine, wherein the signal sequence of electrical pulses emulates an analog signal generated by a coin receiving switch of the unattended machine, and wherein the signal sequence is characterized by the count, amplitude, shape, or interval of electric pulses specified by the pulse information; and
causing the unattended machine to initiate the cashless operation by issuing the signal sequence of electrical pulses to the control unit.
These limitations without the bolded limitations above, cover performance of the limitations as certain methods of organizing human activity under their broadest reasonable interpretation.
More specifically, these limitations cover performance of the limitations as a fundamental economic practice.
In summary, if claim 1 limitations, under its broadest reasonable interpretation, covers performance of the limitation as a fundamental economic practice, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. (Step 2A-Prong 1: YES. The claims are abstract).
The use of the application, user interface and server or any of the bolded limitations in claim 1 are just applying generic computer components to the recited abstract limitations.
Therefore, the above mentioned judicial exception is not integrated into a practical application by merely applying generic computer components (bolded elements).
Furthermore, the “identifying” step is recited at a high level of generality and amounts to mere data gathering/transmitting, which are forms of insignificant extra-solution activity (See MPEP 2106.05(g): CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375 (Fed. Cir. 2011); and OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015)).
In addition, supported by specification, the computer hardware are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component., see MPEP 2106.05(f), where applying a computer or using a computer is not indicative of a practical application).
Claim 1, limitation ( A ) above in Applicant’s specification para [0016], which discloses “In some implementations an additional method is provided. The additional method is for determining electric pulses to provide to an unattended machine based on remotely-configured options for the unattended machine, and the method is performed at a pulse-providing device that is coupled with the unattended machine. The method includes: receiving, from an application executing on a mobile device, an authorization grant that includes specifications regarding electric pulses to be provided to the unattended machine by the pulse-providing device in accordance with a pricing option selected by a user at the application executing on the mobile device, wherein the pricing option is specific to the unattended machine. In response to receiving the authorization grant, the method includes: determining whether the authorization grant is valid. In accordance with a determination that the authorization grant is valid, the method includes: providing electric pulses to the unattended machine according to the specifications. After providing the electric pulses to the unattended machine, the method includes: sending, to the application executing on the mobile device, an indication that the electric pulses were provided to the unattended machine according to the specifications.“.
Also, claim 1, limitation ( A ) above in Applicant’s specification para [0020], which discloses “Some implementations also provide for a system for determining electric pulses to provide to an unattended machine based on remotely-configured options for the unattended machine. The system includes: a pulse-providing device that is coupled with the unattended machine, wherein the pulse-providing device is configured to: perform operations described in the method of any one of A9-A10; an application that is executing on a mobile device, wherein the application is configured to: perform operations described in the method of any one of A1-A6; and a server that is in communication with the application that is executing on the mobile device, wherein the server is configured to: perform operations including retrieving specifications for electric pulses that are associated with selected pricing options and sending those retrieve specifications to the mobile device. “.
Also, claim 1, limitation ( A ) above in Applicant’s specification para [0022], which discloses “In one more aspect, a method of retrofitting an offline-payment operated machine to accept electronic payments is performed at a payment module (e.g., the adapter module 100, Figures 5 and 20) with one or more processors, memory, a short-range communication capability (e.g., a short-range communication technology/protocol such as BLE), and a first interface module configured to couple the payment module with a control unit of an offline-payment operated machine (e.g., the payment accepting unit 120, Figures 5 and 19) (sometimes also herein called “machine 120”). The method includes receiving a transaction request via the short-range communication capability from a respective mobile device to perform a transaction with the offline-payment operated machine. The method includes validating the transaction request, where validation of the transaction request indicates that the respective mobile device is authorized to initiate payment for the transaction by a remote server (e.g., the server 130, Figures 5 and 22) via the long-range communication capability (e.g., the long-range communication technology/protocol such as GSM, CDMA, or Wi-Fi). In accordance with a determination that the transaction request is valid, the method includes causing the offline-payment operated machine to perform the requested transaction by issuing a signal to perform the transaction to the control unit of the offline-payment operated machine via the first interface module.“.
Also, claim 1, limitation ( A ) and ( E ) above in Applicant’s specification para [0023], which discloses “In a further aspect, a device (e.g., the machine 120, (Figures 5 and 19), the adapter module 100 (Figures 5 and 20), the mobile device 150 (Figures 5 and 21), the server 130 (Figures 5 and 22), or a combination thereof) includes one or more processors and memory storing one or more programs for execution by the one or more processors, the one or more programs include instructions for performing, or controlling performance of, the operations of any of the methods described herein. In some implementations, a non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which, when executed by a device (e.g., the machine 120, (Figures 5 and 19), the adapter module 100 (Figures 5 and 20), the mobile device 150 (Figures 5 and 21), the server 130 (Figures 5 and 22), or a combination thereof) with one or more processors, cause the computer system to perform, or control performance of, the operations of any of the methods described herein. In some implementations, a device (e.g., the machine 120, (Figures 5 and 19), the adapter module 100 (Figures 5 and 20), the mobile device 150 (Figures 5 and 21), the server 130 (Figures 5 and 22), or a combination thereof) includes means for performing, or controlling performance of, the operations of any of the methods described herein.“.
Also, claim 1, limitation ( A ) above in Applicant’s specification para [0008], which discloses “In one aspect, a method of determining electric pulses to provide to an unattended machine based on remotely-configured options for the unattended machine is provided. The method is performed at an application executing on a mobile device. The method includes: detecting, based on a broadcast received from a pulse-providing device that is coupled with the unattended machine, presence of the unattended machine in proximity to the mobile device. After detecting the presence of the unattended machine, the method includes: receiving, from a server (in some instances, the server is not capable of communicating directly with the unattended machine, because the unattended machine does not have a network connection), information about a first set of remotely-configured options for interacting with the unattended machine. In response to receiving the information about the first set of remotely-configured options, the method includes: displaying, in the application, user interface objects that allow for selection of respective options in the first set of remotely-configured options. The method further includes: detecting a selection of a first user interface object that corresponds to a first option in the first set of remotely-configured options. After (or in response to) detecting the selection of the first user interface object, the method includes: receiving, from the server, information that includes an authorization grant for the first option at the unattended machine, the information including specifications regarding electric pulses to be provided to the unattended machine by the pulse-providing device in accordance with the first option. In accordance with a determination that a trigger condition has been satisfied, the method includes: sending the information that includes the authorization grant and the specifications to the pulse-providing device. After sending the authorization grant and the pulse information to the pulse-providing device, receiving an indication, from the pulse-providing device, that the electric pulses were provided to the unattended machine according to the specifications.“.
Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Therefore, claim 1 is directed to an abstract idea without a practical application. (Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application).
The claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements (bolded elements above) amount to no more than mere instructions to apply the abstract idea using generic computer components. In conclusion, merely "applying" the exception using generic computer components cannot provide an inventive concept. Therefore, the claim 1 is not patent eligible under 35 USC 101. (Step 2B: NO. The claims do not provide significantly more). Thus, claim 1 is not patent eligible.
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being obvious over Mordechai Teicher (Pub. # US 2010/0312692 A1 – herein referred to as Teicher) in view of Paul R. Jonathan L. Lei et al. (Pub. # US 2003/0158891 A1 – herein referred to as Lei) and further in view of H. Brock Kolls (Pub. # US 2014/0143074 A1 – herein referred to as Kolls).
Re: Claim 1, Teicher discloses a method of determining electric pulses to provide to an unattended machine based on remotely-configured options for the unattended machine, the method comprising:
at an application executing on a mobile device (Teicher, [0012], [0034] - Mobile communication device 140 is a personal portable communication device, such as a mobile telephone, two-way pager or personal digital assistant (PDA) that is carried by a user and includes a payment unit 140P and communication unit 140C.):
identifying the unattended machine in proximity to the mobile device, the identifying based at least in part on an identifier corresponding to the unattended machine, wherein the unattended machine is a payment operated machine that accepts payment for dispensing of products and/or services, and wherein the unattended machine includes a control unit and a pulse-providing device electrically coupled to the control unit (Teicher, [0032] - Compact payment terminal 120 includes, within enclosure 120E, processing unit 130, retail device interface 120R, mobile communication device interface 120M and optionally also tampering sensor 120T. Retail device inter face 120R is used for electrically and logically interfacing between processing unit 130 and retail device 110 via connection 114. Preferably but not necessarily, retail device interface 120R and connection 114 apply a wired interface for communication, and preferably also for supplying power for the operation of compact payment terminal 120 from power supply HOY of retail device 110. Alternatively, retail device interface 120R may apply short-range communication technology, for example NFC communication, for both data exchange and energizing compact payment terminal 120 from power supply HOY via electromagnetic induction. In the latter case, retail device interface 120R and mobile communication device interface 120M may be merged into a single NFC interface that serves compact payment terminal 120 for interfacing with both retail device 110 and mobile communication device 140. Mobile communication device interface 120M establishes, via radiofrequency connection 138, a temporary communication between compact payment terminal 120 and a visiting mobile communication device 140.).
However, Teicher does not expressly disclose:
after identifying the unattended machine, receiving, from a server, first information about a first set of remotely-configured options for interacting with the unattended machine;
in response to receiving the first information about the first set of remotely-configured options, displaying, in the application, user interface objects that allow for selection of respective options in the first set of remotely-configured options;
detecting a selection of a first user interface object that corresponds to a first option in the first set of remotely-configured options;
after detecting the selection of the first user interface object, receiving, from the server, pulse information specifying a count, amplitude, shape, or interval of electric pulses to be provided to the control unit of the unattended machine by the pulse-providing device in accordance with the first option;
in accordance with a determination that a trigger condition has been satisfied, sending the pulse information to the pulse-providing device; and
at the pulse-providing device:
receiving the pulse information;
determining based on the received pulse information a signal sequence of electrical pulses to output to the control unit of the unattended machine in order to initiate a cashless operation of the unattended machine, wherein the signal sequence of electrical pulses emulates an analog signal generated by a coin receiving switch of the unattended machine, and wherein the signal sequence is characterized by the count, amplitude, shape, or interval of electric pulses specified by the pulse information; and
causing the unattended machine to initiate the cashless operation by issuing the signal sequence of electrical pulses to the control unit.
In a similar field of endeavor, Lei discloses:
after identifying the unattended machine, receiving, from a server, first information about a first set of remotely-configured options for interacting with the unattended machine (Lei, [0010], [0029] - In a mobile vending application, any point-of-sale transaction may implement the system and method of the present invention. Whether the point-of-sale terminal 220 is supposed to accept credit cards, debit cards, membership cards, or other forms of payment, the present invention does not require the terminal 220 to have a dedicated and separate network connection. For example, credit card processing terminals at the grocery store implementing the present invention need not a network connection to process a customer's payment. The customer simply points his/her WAN-connected portable wireless device 210 at the terminal 220, selects the payment information locally on the wireless device, or from some remote secured server, and submits the transaction to the point-of-sale terminal 220. The point-of sale terminal 220 packages the transaction accordingly with the user's payment information and sends it to a remote server system 250 for processing, the information being transmitted through the portable wireless device 210 serving as a relay point.);
in response to receiving the first information about the first set of remotely-configured options, displaying, in the application, user interface objects that allow for selection of respective options in the first set of remotely-configured options (Lei, [0028] - Accordingly, the present invention enables the electronic device, node, or terminal 220 to take over and utilize the wireless connection to the network 240 available from the portable electronic device 210. In one particular application, any financial processing system may be utilized for a vending machine, or any other interactive terminal. The transaction may be billed to a customer's cellular telephone bill, a debit account, a credit card account, etc., at the choosing of either the customer or the vendor. The payment details may be pre-configured ahead of time, or a choice may be provided to the customer during the transaction. The user interface for the selection of soda from a vending machine, for example, may be on the vending machine itself, or on the screen of the customer's portable wireless device 210. A dispenser on the vending machine dispenses an item when approval is received from the server system 250 after successful payment verification. During the transaction between the vending machine and the server system, telemetry data (such as inventory information, temperature, etc.) of the vending machine may be transmitted with ("piggy backed" onto) transaction data from the vending machine destined to the server system.);
detecting a selection of a first user interface object that corresponds to a first option in the first set of remotely-configured options (Lei, [0028] - In one particular application, any financial processing system may be utilized for a vending machine, or any other interactive terminal. The transaction may be billed to a customer's cellular telephone bill, a debit account, a credit card account, etc., at the choosing of either the customer or the vendor. The payment details may be pre-configured ahead of time, or a choice may be provided to the customer during the transaction. The user interface for the selection of soda from a vending machine, for example, may be on the vending machine itself, or on the screen of the customer's portable wireless device 210. A dispenser on the vending machine dispenses an item when approval is received from the server system 250 after successful payment verification.);
after detecting the selection of the first user interface object, receiving, from the server, pulse information specifying a count, amplitude, shape, or interval of electric pulses to be provided to the control unit of the unattended machine by the pulse-providing device in accordance with the first option (Lei, [0031] - The authorization transaction is secured from the portable wireless device 210. The result is transmitted back to the access terminal 220 from the remote server system 250 to the portable wireless device 210, and ultimately to the access terminal 220. The result is also secured from the portable wireless device 210. This approach is better than the existing magnetic card or Radio Frequency Identification (RFID) solution because the door way does not require a separate or dedicated network connection. Moreover, reprogramming of security levels may be performed with a central server system 250 with little or no modifications to the access terminal 220 at the door);
in accordance with a determination that a trigger condition has been satisfied, sending the pulse information to the pulse-providing device (Lei, [0031] - The authorization transaction is secured from the portable wireless device 210. The result is transmitted back to the access terminal 220 from the remote server system 250 to the portable wireless device 210, and ultimately to the access terminal 220. The result is also secured from the portable wireless device 210. This approach is better than the existing magnetic card or Radio Frequency Identification (RFID) solution because the door way does not require a separate or dedicated network connection. Moreover, reprogramming of security levels may be performed with a central server system 250 with little or no modifications to the access terminal 220 at the door.).
Therefore, in light of the teachings of Lei, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Teicher, motivation according to one KSR Exemplary Rationale where a known technique is used to improve similar methods and systems in the same way by providing a mobile wireless transaction system that is inexpensive to deploy, and yet permits transactions over wide area networks to be easily conducted.
However, Teicher in view of Lei does not expressly disclose:
at the pulse-providing device:
receiving the pulse information;
determining based on the received pulse information a signal sequence of electrical pulses to output to the control unit of the unattended machine in order to initiate a cashless operation of the unattended machine, wherein the signal sequence of electrical pulses emulates an analog signal generated by a coin receiving switch of the unattended machine, and wherein the signal sequence is characterized by the count, amplitude, shape, or interval of electric pulses specified by the pulse information; and
causing the unattended machine to initiate the cashless operation by issuing the signal sequence of electrical pulses to the control unit.
In a similar field of endeavor, Kolls discloses:
at the pulse-providing device:
receiving the pulse information (Kolls, [0094] – VIU 100 also includes a general-purpose input-output interface 118. The general-purpose input-output interface provides electrical connections to the bill and coin interface 506. In an exemplary embodiment the VIU 100 can be interconnected with vending, valuing, and dispensing equipment by way of the host equipment's bill acceptor or coin interface port. This allows the VIU 100 by way of the bill and coin interface 506 and interface 118 to be original equipment manufactured (OEM) into or retrofitted to vending, valuing, and dispensing equipment that utilize a serial or pulse style bill acceptor, or a coin mechanism interface. Serial and pulse style bill acceptors include for example and not limitation those manufactured for or by MARS, COINCO, CONLUX, ARDAK, or other similar bill acceptor and manufacturers of bill acceptors.);
determining based on the received pulse information a signal sequence of electrical pulses to output to the control unit of the unattended machine in order to initiate a cashless operation of the unattended machine, wherein the signal sequence of electrical pulses emulates an analog signal generated by a coin receiving switch of the unattended machine, and wherein the signal sequence is characterized by the count, amplitude, shape, or interval of electric pulses specified by the pulse information (Kolls, [0150] – Interconnected with microcontroller 502 can be bill acceptor and coin mechanism interface 506. The bill acceptor and coin mechanism interface 506 emulate industry standard bill acceptor and coin mechanism interfaces. In this regard, the audit-credit-interactive system 500 can be interconnected to vending equipment by way of the interface 506. The audit-credit-interactive system 500 mimicking industry standard bill acceptor and coin mechanism electrical control system and signal timing can then operate the vending equipment. Industry standard bill acceptors include serial and pulse style. Serial style bill acceptors typically utilize INTERRUPT, SEND, ACCEPT ENABLE, and DATA control signal lines. Pulse style bill acceptors, and coin mechanisms send electrical pulses to an attached control system to indicated the receipt of coin and currency. Serial and pulse style bill acceptors and coin mechanisms can include for example and not limitation, MARS, COINCO, CONLUX, or other similar bill acceptors and or coin mechanisms.); and
causing the unattended machine to initiate the cashless operation by issuing the signal sequence of electrical pulses to the control unit (Kolls, [0136] – One advantage in an exemplary embodiment can be in reducing or eliminating the need to provide a wide area network connection or other dedicated communication access to the system 500 for the purpose of processing transaction and communicating system 500 configuration data, with a remote location, in real time. As an example, local authorization routines 1300 and 1900 can be utilized to authorize a cashless transaction--no real time remote location access required to authorize the validity of the cashless ID (magnetic card, RFID, biometric ID, etc.). The vending session can be completed and at some later date, preferably upon the arrival of vending equipment service personnel the transaction data can be downloaded into wireless phone 368. In addition, optionally system 500 configuration data can be uploaded to the system 500. The vending equipment service person can then physically care the wireless phone 368 to a remote location where the transaction data and other data can be downloaded into a data processing device. Such a data processing device can be a PC, or a global network based data processing resource. The transaction data can then be data communicated to a second remote location as required or processed locally. Such processing can include authorizing the locally authorized transaction with a credit bureau or other bureau and or settling the transaction to effect payment to the merchant.).
Therefore, in light of the teachings of Kolls, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Teicher in view of Lei, motivation according to one KSR Exemplary Rationale where a known technique is used to improve similar methods and systems in the same way by allows a computing platform 802 to oversee, control, and authorize by way of a system 500 the vend selection and sale price of a user selected vend item prior to fulfilling the user's request.
Nonstatutory Double Patenting Rejection
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal-Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable U.S. Patent No. 11,205,163, (Pat.’163). Although the claim over claim 1 of at issue are not identical, they are not patentably distinct from each other because Applicant used a slightly different terminology to claim the same or substantially the same invention. See In re Griswold, 150 USPQ 804 (CCPA 1966) and MPEP § 804.02. In fact, a comparison between claim 1 of this application and claims 1 – 11 and 21 - 29 of Pat.’163 shows that these claims claim common elements such as “identifying the unattended machine in proximity to the mobile device, the identifying based at least in part on an identifier corresponding to the unattended machine, wherein the unattended machine is a payment operated machine that accepts payment for dispensing of products and/or services, and wherein the unattended machine includes a control unit and a pulse-providing device electrically coupled to the control unit; after identifying the unattended machine, receiving, from a server, first information about a first set of remotely-configured options for interacting with the unattended machine; in response to receiving the first information about the first set of remotely-configured options, displaying, in the application, user interface objects that allow for selection of respective options in the first set of remotely-configured options; detecting a selection of a first user interface object that corresponds to a first option in the first set of remotely-configured options; after detecting the selection of the first user interface object, receiving, from the server, pulse information specifying a count, amplitude, shape, or interval of electric pulses to be provided to the control unit of the unattended machine by the pulse-providing device in accordance with the first option; in accordance with a determination that a trigger condition has been satisfied, sending the pulse information to the pulse-providing device; and at the pulse-providing device: receiving the pulse information; determining based on the received pulse information a signal sequence of electrical pulses to output to the control unit of the unattended machine in order to initiate a cashless operation of the unattended machine, wherein the signal sequence of electrical pulses emulates an analog signal generated by a coin receiving switch of the unattended machine, and wherein the signal sequence is characterized by the count, amplitude, shape, or interval of electric pulses specified by the pulse information; and causing the unattended machine to initiate the cashless operation by issuing the signal sequence of electrical pulses to the control unit.”. See In AbbVie Inc. On the other hand, Applicant has not shown that the one or more processors; and a memory storing computer-executable instructions, are critical. See In re Aller. To select the non-transitory, computer-readable medium storing instructions claimed in claims 1 – 11 and 21 - 29 of Pat.’163 as claimed in claim 1 of this application would have been an obvious choice by performing routine experimentation. KSR and stare decisis above.
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the application to include one or more processors; and a memory storing computer-executable instructions, as claimed in this application as taught or suggested by claims 1 – 11 and 21 - 29 of Pat.’163 because application claim 1 would have been obvious over the reference claims 1 – 11 and 21 - 29 in Pat.’712.
Conclusion
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/John H. Holly/Primary Examiner, Art Unit 3696