American Green Inc (ERBB)

[thebaseballdoctor]

Comparing the ERBB/Tomassi patents with a later patent by MDB*...

Also, to know what the USPTO says about the various kinds of patents...and the steps to achieving one:

Patentability

The USPTO tests patent applications for novelty, utility, non-obviousness and description. A marketing strategy applying for protection as a process must also meet these guidelines. [b]"Novelty" means that no protected aspect is already patented and that no one has published or publicly demonstrated the process more than a year prior to the application. "Utility" means that the process has an industrial application and the USPTO finds most anything to be useful, whereas "non-obviousness" means that the process cannot be a logical improvement or process that any person could concoct without specialized training. According to IP Watchdog, the description is key for processes.

Furthermore, the following is a few observations and comparisons between the ERBB/Tomassi and MDBX patents:


ERBB/MDBX PATENT COMPARISONS

Please note that the 3 patents (one MDBX, and two ERBB) used the same examiners, which indicates that the same examiners should have great familiarity with the patents concerned, which would lend me to think that they are two different patents. I would think that the later granted patents would indicate that they are different enough to grant patent proprietary rights to MDBX for patent #7,844,363.

In comparison with the ERBB/Tomassi granted patents, #6,711,465 and #7,493,190, it appears that the MDBX patent makes claims in their granted patent, and in their company website, and public relations releases, that contradict themselves, and bring into question the strength of the granted patent. Both patents were written, examined, accepted as being different…by the same patent examiner, with each having stand alone rights, and the patents have been granted on the basis of the individual claims of each patent.

NOTE: It strikes me as being a bit strange that the MDBX patent only lists 3 reference patents in their prior art search, and their patent application does not reference the Tomassi patents #6,711,465 and #7,493,190 which are all in the same class and field of search…patents that are close to their claims, and patents that most certainly should have been included in the prior art search. The examiner was the same for both, with the same class and field of search, and a patent was granted to MDBX. Obviously, the examiner must have thought that they were two completely different applications, with different claims, and saw them as being different enough to grant a patent to MDBX…without there being any possible infringement potential in the future.

Hmmm…it would be interesting to find out why the Tomassi earlier patents were not listed as prior art patents in the MDBX? It would be further interesting to find out how this could have slid by the examiner, which one might think definitely would scrutinize the MDBX patent, especially after having prior knowledge of both patents, and having worked on both.

http://investorshub.advfn.com/Medbox-Inc-MDBX-680/

From MDBXs Company Website comes another statement which could infringe on ERBB/Tomassi’s earlier patents if this statement stands alone, and not an inclusive statement inter-woven into a grander plan and patent application: “Our Company features a patented machine that dispenses medication to individuals based on biometric identification (fingerprint sample).”

From ERBB/Tomassi’s patent #6,711,465 and #7,493,190, which is a continuation patent of #6,711,465, which states: “Vending machine having a biometric verification system for authorizing the sales of regulated products.”

Even though I have several granted patents, I am not a legal beagle, but these two statements from each patent would seem to claim the same purpose and use for the MDBX and ERBB/Tomassi patents, which should place the MDBX patent in direct violation of the ERBB patent, thus infringing upon the ERBB patent rights stated in patent #6,711,465 - IMHO, as I defer to those more legally knowledgeable.

Furthermore, it appears that MDBX could have infringed upon the ERBB/Tomassi patent, which could have been deliberately…or accidentally, going forward with their business plan, and using verbiage throughout the patent, on the website, and in PR channels to disclaim that they were actually NOT a marijuana dispensary, contradicting their patent statements, which, indeed could look like impropriety, even if it were not.

All MDBX would have to have done was to make changes to the ERBB/Tomassi previous patents, that would allow their patent application to make NARROW claims that their invention was different. I experienced a real life example of this. I had the patent ready to file with my attorney, was looking through a sports magazine and my eyes about popped out of my head when I saw a patented photo of what I was intending to file. I just changed the already patented weight in the handle of a baseball bat (all striking implements) to a weighted knob end of the bat…and bingo – I was granted the patent. This information is used to make an example as to how closely contested certain patents are, and how there are many patent infringement suits filed. And how the patents of each company just might have its date in court on the horizon…

#7,844,363 11-30-10 MBDX

700/237 ; 700/232; 700/244 class
;700/231-244 field of search

Examiner: Gene Crawford
Asst Examiner: Michael Collins

Vending machine apparatus to dispense herbal medications and prescription medicines.

Abstract
The present invention relates to the idea of enabling an individual to conveniently purchase herbal medications and prescription medicines from specialized vending machines. The system provides for the individual to be processed through a central database to be certain that the item being purchased has been legally authorized by an appropriate medical authority such as a licensed physician and has provided appropriate verification to confirm that the individual who is receiving the medication is the correct individual. The present invention enables the individual to conveniently purchase the medication from a vending machine.

The present invention encompasses having a separate kiosk vending machine which can be a freestanding vending machine next to which will be posted an armed guard 500 who will be posted 24 hours a day or alternatively inside a store front where there will also be an armed guard 500. The kiosk vending machine 10 will have a selection of the specific medical substances.

The MedBox is a machine that licensed medical marijuana clinics can use to safely dispense medical cannabis to their patients. The MedBox can hold up to 60 different types of medical cannabis, each of which is pre-weighed before the machine is stocked. (It again appears that the MDBX is intended to be a stand alone “machine” that can be used by licensed medical marijuana clinics to safely dispense medical cannabis to their patients)…while, at the same time, drawing the burden of proof away from their patent claims on to the licensed medical marijuana clinics that would dispense the medical cannabis.

Security is not an issue with the MedBox. Patients are identified using fingerprint scanning technology, which keeps medical marijuana clinics from allowing non-members to obtain medicine from the machine.

MDBX makes these statements on their website: “Our company, Medicine Dispensing Systems, is not a medical marijuana dispensary or patient group and does not provide medical marijuana to patients. We are a full service medical marijuana dispensary consulting firm operating in the United States.”
MDBX also promotes on their website that “Our Company does not engage in the sale, cultivation, or marketing of any products dispensed through our machines (which is plastered all over their website and printed material in bold print).” MDBX further promotes their machines as “a medicine dispensing system that allows patients to obtain vital cannabis products at the touch of a finger. It's a tool delivered to streamline, standardize and automate the medical marijuana industry. The MedBox is a machine that licensed medical marijuana clinics can use to safely dispense medical cannabis to their patients.”


Our Company does not engage in the production, sale, or marketing of any products dispensed through our machines.
www.thedispensingsolution.com/

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7844363.PN.&OS=PN/7844363&RS=PN/7844363

#6,711,465 3-23-04 ERBB/TOMASSI

700/236 ; 700/237 class
;700/236,237,241,244 ;235/379,380,381,382 field of search

Examiner: Gene Crawford

Vending machine having a biometric verification system for authorizing the sales of regulated products

Abstract
A vending machine system and its associated method of operation. In the vending machine system, customers are provided with identification cards having statistical information regarding the age of the card owner. Also contained on the card is data corresponding to a biometric characteristic of the card owner. Vending machines are provided that contain card readers and biometric characteristic verifiers. When a customer wants to use the vending machine, that customer inserts their identification card into the vending machine. That customer also subjects themselves to a biometric scan from the biometric characteristic verifier contained within the vending machine. The vending machine reads both the statistical age information from the identification card and the biometric characteristic data. A systems processor in the vending machine compares the biometric characteristic data on the identification card with the biometric characteristic data just gathered.

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6711465.PN.&OS=PN/6711465&RS=PN/6711465

http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PALL&RefSrch=yes&Query=PN%2F6560741 (referenced in Tomassi’s patent search)

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&f=S&l=50&d=PTXT&RS=%28%28cbd+AND+thc%29+AND+terpene%29&Refine=Refine+Search&Refine=Refine+Search&Query=Vending+and+machine+and+dispense+and+herbal+and+medications+ (Related Patents with MDBX Patent included in search)

#7,493,190 ERBB

700/237 ; 221/13; 221/9; 700/231; 700/232 class
;700/231,236,237,244 ;235/379,380,381,382 ;705/39 field of search

Examiner: Michael Collins

Vending system having biometric verification protocols for user verification

Abstract
A vending machine system and its associated method of operation. In the vending machine system, customers are provided with identification cards having statistical information regarding the identity of the card owner. Also contained on the card is a digital data code corresponding to a biometric characteristic of the card owner. Vending machines are provided that contain card readers and biometric characteristic scanners. When a customer wants to use the vending machine, that customer inserts their identification card into the vending machine. That customer also subjects themselves to a biometric scan from the biometric characteristic verifier contained within the vending machine. The vending machine reads both the identification data and the biometric characteristic data from the card. A systems processor in the vending machine compares the biometric characteristic data on the identification card with the biometric characteristic data just gathered.

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7493190.PN.&OS=PN/7493190&RS=PN/7493190

RELATED APPLICATIONS

This application is a continuation-in-part of U.S. patent application Ser. No. 10/038,445, filed Jan. 7, 2002 now U.S. Pat. No. 6,711,465 and entitled Vending Machine Having A Biometric verification System For Authorizing The Sale Of Regulated Products.

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