DETAILED ACTION
The Amendment filed 12/17/2025 has been entered.
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 .
Claim Objections
Claims 11 and 17 are objected to under 37 CFR 1.75 as being a substantial duplicate of claims 25 and 26. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 28 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 28 recites that the “deflecting arms are configured to elastically deflect within a predefined range to permit horizontal movement of the stack between the insertion zone structure and the kitting area structure while providing repeatability in deflection for multiple stack insertions and removals.” There is no support for this claim element in the disclosure as filed.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-10, 12-16, and 18-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujikawa (JP 3138535). Fujikawa discloses a stack containment fixture, comprising: an insertion zone structure comprising a pair of substantially vertically oriented deflecting arms (2) each having one or more funnels (12) configured to guide a stack into a position between the deflecting arms as the stack is lowered into the insertion zone structure from above; and a kitting area structure (4) that is configured to support the vehicle or the stack during kitting operations for items being placed in the vehicle or stack or for items being picked from the vehicle or stack. The stack comprises a stack of trays (P). The insertion zone structure comprises at least two insertion zone support structures (21) that are deformable and configured to hold a vehicle or stack of predefined size. The kitting area structure comprises a plurality of kitting area support structures (403, 404) that are configured to hold the vehicle or stack. The plurality of kitting area support structures is sufficiently rigid to provide support to the vehicle or stack while a robotic (8) is performing the kitting operations. The plurality of kitting support structures and the at least two insertion zone support structures are connected to at least one base structure (401, 402, 405, 406). The stack containment fixture further comprising: a first base structure (401) to which a first kitting support structure (403) and a first insertion zone support (21) structure are connected; and a second base structure (406) to which a second kitting support structure (404) and a second insertion zone support structure (21) are connected; and the first base structure and the second base structure are on opposing sides of an insertion zone area defined by the insertion zone structure (see Fig. 2). At least two kitting support structures (403, 404) are configured to enable a robotic arm (5) to grasp a tray from the vehicle or stack on opposing sides using an end effector comprising gripper arms (5). The at least two kitting support structures (403, 404) are shaped to expose at least two opposing sides of the kitting support area (see Fig. 2). The kitting area structure (4) defines a kitting zone at which the vehicle or stack is positioned during the kitting operation; and the kitting area structure comprises one or more funneling structures (401, 402, 403, 404, 405, 406) that are configured to guide an object towards the kitting zone during kitting operations to place items in the vehicle or stack. The one or more funneling structures comprise angled surfaces (see Fig. 2, 90 degree angle) that are angled towards the kitting zone. The kitting area defines a kitting area in which the vehicle or stack is positioned during the kitting operations (see Fig. 2); and the kitting area structure comprises an end stop (401, 402, 403, 404, 405, 406) structure that defines a side of the kitting area. The end stop structure is removable with respect to the stack containment fixture (see Fig. 2). The insertion zone structure defines an insertion zone (see Fig. 2); the kitting area structure and the insertion zone structure are configured to guide the vehicle or stack to move from the insertion zone to the kitting area (see Fig. 2); and the end stop structure restricts movement of the vehicle or stack in a direction from which the vehicle or stack moves from the insertion zone area to the kitting area (see Fig. 2). The stack containment fixture is deployed in connection with a kitting system comprising a robot arm (5) configured to pick or place items with respect to the vehicle or stack. The deflecting arms deflect to allow stack to be pulled from insertion zone to kitting area (see Fig. 2). The deflecting arms are configured to allow the stack to be pulled out of insertion zone in a direction opposite the kitting area (see Fig. 2). The one or more funnels comprise outwardly angled tabs (see Fig. 2). The deflecting arms are sheet metal (see description, “the vertical frame 21 is formed of a metal angle material”) and the one or more funnels are sheet metal tabs (see description, “The guide plates 109 to 112 are formed by bending a rectangular metal plate”).
Allowable Subject Matter
Claims 25 and 26 are allowed.
Claims 3, 23, 24, and 27 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.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
The applicant states that Fujikawa does not disclose “deflecting arms” as recited in claim 1. The examiner disagrees with the applicant. Fujikawa discloses deflecting arms (2) which are capable of deflecting in at least two directions (“the pallet aligning device S includes an adjusting unit that adjusts the shapes of the passage opening portion 1 and the movement restricting portion 2 according to the pallet P to be aligned”); deflect trays as they are inserted between the deflecting arms (see at least Figs. 8c and 8d); and are flexible (““The guide plates 109 to 112 are formed by bending a rectangular metal plate”).
The applicant states that Fujikawa does not disclose a “kitting area structure” as recited in claim 1. The examiner disagrees with the applicant. Fujikawa discloses a kitting area structure (4) which supports a stack.
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 PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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, Michael McCullough can be reached at 571-272-7805. 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.
/PATRICK H MACKEY/Primary Examiner, Art Unit 3653