DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive. Regarding newly amended independent claim 1 Applicant argues:
“Applicant respectfully submits that Schwartz had been filed on March 21, 2025 and published on July 03,2025 after the priority date, June 30, 2022 and the filing date, October 31, 2022 of the present application, and thus Schwartz does not qualify as the prior arts. Accordingly, the claim 9 should be allowable.
Applicant respectfully submits that claim 1 has been rewritten to overcome the Examiner’s rejection to indefiniteness and to include the limitations of intervening claim 8 and allowable claim 9 and should be allowed. Applicant submits that claims 2-7 and 10-18 depend from allowable claim 1 should be allowed for at least the same reasons as claim 1.”
However, Schwartz et al. (USPGPUB 2025/0214499) has a provisional date of October 10, 2017 which qualifies as prior art. Therefore, Applicant’s arguments are not convincing.
For the foregoing reasons claims 1-7 and 10-18 stand rejected.
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.
Claim(s) 1-7 and 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over KADABA et al. (USPGPUB 2016/0221768) and further in view of Schwartz et al. (USPGPUB 2025/0214499).
Regarding claim 1, KADABA et al. disclose a cargo loading system for a cargo vehicle, the cargo loading system comprising:
a carrier device (460) provided in a loading space (410) of the cargo vehicle (400) to move cargoes (2) in the loading space (see paragraph [0066]);
a setting unit (100,140) configured to set a loading position for each cargo (2) in which each cargo (2) is located in the loading space (410) of the cargo vehicle (400) based on information (see paragraph [0085]) of each of the cargoes (see paragraphs [0069]-[0071]); and
a control unit (140) configured to control operation of the carrier device (460) according to a loading position of a corresponding cargo set in the setting unit when the corresponding cargo is loaded on the carrier device so that the corresponding cargo reaches the loading position matching the corresponding cargo (see paragraphs [0069] and [0079]-[0080]); and
a detection unit (450) provided at a position (see Figure 5) where a cargo is loaded (415) in the loading space to detect the cargo and to be connected to the setting unit (100,140) to confirm the loading position of the cargo (see paragraph [0079]).
However, they do not disclose a system wherein, when the cargo detected by the detection unit is different from the loading position set by the setting unit, the control unit is configured to generate a warning signal through a portable terminal of an operator. Schwartz et al. disclose a system wherein, when the cargo detected by the detection unit is different from the loading position set by the setting unit, the control unit is configured to generate a warning signal through a portable terminal of an operator (see paragraph [0074]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by KADABA et al. by including a system wherein, when the cargo detected by the detection unit is different from the loading position set by the setting unit, the control unit is configured to generate a warning signal through a portable terminal of an operator, as disclosed by Schwartz et al., with a reasonable expectation of success for the purpose of providing “an error message if an item is scanned that is not intended for a delivery point serviced by the vehicle 100 being loaded” (see paragraph [0074]).
Regarding claim 2, KADABA et al. disclose the cargo loading system of claim 1, wherein the loading space (410) of the cargo vehicle includes a plurality of vertical layers (see Figure 5), and the setting unit (100,140) is configured to set positions of the vertical layers on which the cargoes are loaded according to a weight of the cargoes included in the information of the cargoes (see paragraph [0085]).
Regarding claim 3, KADABA et al. disclose the cargo loading system of claim 1, wherein the setting unit is configured to place the cargoes on a lower layer of the loading space as a weight of the cargoes included in the information of the cargoes increases (see paragraph [0086]).
Regarding claim 4, KADABA et al. disclose the cargo loading system of claim 1, wherein the setting unit (100,140) is configured to set the loading position of the loading space according to an order of delivery from a hub (30) where the cargoes (20) included in the information of the cargoes are loaded to a delivery location (see paragraphs [0031] and [0074]-[0075]).
Regarding claim 5, KADABA et al. disclose the cargo loading system of claim 4, wherein the setting unit is configured to place the cargoes closer to an entrance of the loading space as a delivery priority of the cargoes is higher (see paragraphs [0075] and [0103]).
Regarding claim 6, KADABA et al. disclose the cargo loading system of claim 1, further including an input unit (105) configured to recognize a loaded cargo and to input the loading position of the cargo set by the setting unit to the control unit when the cargo is recognized (see paragraph [0095]).
Regarding claim 7, KADABA et al. disclose the cargo loading system of claim 6,
wherein the loading position of the cargo is input through the input unit (105) of the cargo when the operator loads the cargo, and the control unit (140) is configured to control the carrier device to carry the cargo to the loading position when the loading position of the cargo is input by the input unit (see paragraph [0096]).
Regarding claim 10, KADABA et al. disclose the cargo loading system of claim 1, wherein the loading space (410) includes a left space and a right space at a left side (420) and a right side (430) of the vehicle (400), and the carrier device (460) is located between the left space and the right space to carry the cargo in forward and rearward directions of the vehicle (see Figure 6).
Regarding claim 11, KADABA et al. disclose a method for loading the cargoes by the cargo loading system for the cargo vehicle of claim 1, the method comprising:
setting, by the setting unit, the loading position of the cargo (2) in the loading space (410) of the cargo vehicle (400) based on a delivery order (see paragraphs [0079]-[0080]) or a weight of the cargo (see paragraph [0085]); and
controlling, by the control unit (140), the carrier device (460) provided in the loading space (410) of the cargo vehicle (400) to move the cargo (2) in the loading space (410) so that the cargo (2) is carried to the loading position based on a delivery position set in the setting of the loading position of the cargo (see paragraphs [0079]-[0080]).
Regarding claim 12, KADABA et al. disclose the method of claim 11, further including:
loading the cargo on the carrier device (460) before the controlling (see paragraph [0078]); and
recognizing information of the cargo loaded on the carrier device (460) and inputting a loading position of the recognized cargo (see paragraph [0079]),
wherein the controlling includes controlling the carrier device (460) so that the cargo is carried to the loading position of the cargo (2) when the loading position is input in the inputting (see paragraphs [0079]-[0080]).
Regarding claim 13, KADABA et al. disclose the method of claim 12, further including:
determining whether the loading position of the cargo is in the loading space (see paragraph [0087]) or on the carrier device after the inputting (see paragraph [0079]); and
loading the cargo in a temporary space of the loading space when the loading position of the cargo is on the carrier device in the determining (see paragraph [0105]).
Regarding claim 14, KADABA et al. disclose the method of claim 13, further including:
determining whether all cargoes are input in the inputting after the inputting (see paragraph [0105]); and
loading the cargo loaded in the temporary space on the carrier device when it is determined that all cargoes are input in the inputting in the determining (see paragraph [0105]).
Regarding claim 15, KADABA et al. disclose the method of claim 14, wherein, when it is determined that all cargoes are not input in the inputting in the determining, the loading of the cargo on the carrier device, the inputting, and the controlling are repeatedly performed (see paragraph [0105]).
Regarding claim 16, KADABA et al. disclose the method of claim 11, further including:
dividing the loading space (410) into a plurality of layers (see Figures 5-6) and setting the layers of the loading space according to the weight of the cargo in the setting (see paragraph [0098]); and
loading the cargo (2) on a corresponding layer after controlling the carrier device (460) so that the cargo (2) is carried to the loading position in the controlling (see paragraph [0101]).
Regarding claim 17, KADABA et al. disclose the method of claim 16, further including confirming that the cargo (2) is loaded at the set loading position through a detection unit provided in the loading space when the cargo is loaded in the loading space after the loading (see paragraph [0087]).
Regarding claim 18, KADABA et al. disclose the method of claim 11, further including: placing cargoes (2) closer to an entrance of the loading space as a delivery priority of the cargoes is higher (see paragraphs [0075] and [0103]).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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M.K.C.
11/13/2025
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655