DETAILED ACTION
The response dated 12/22/2025 has been entered and is treated below.
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 .
Drawings
The drawings were received on 12/22/2025. These drawings are acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12, 15-16, 25 and 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 includes “transmitting a location and orientation of the MTA. . . securely connecting the MTA to the first transport mechanism, based on the orientation of the MTA.” This is indefinite as it is not clear what is required by the references to “orientation.” It is unclear what information is required and how such information is acquired as there does not seem to be a disclosure of a sensor etc. that would provide orientation information as claimed. Additionally, it is unclear how the information is used in the securely connecting step of the process.
Claim 5 includes “securely locking the MTA into a new position, the new position being elevated from an initial position.” This is unclear and renders the claim indefinite. In light of Applicant’s remarks and amendments to the drawings the “plurality of arms” are the tines of a forklift but there is no discussion of how the MTA is securely locked in the elevated position when it is raised by the forklift. Is this merely stopping the vertical movement of the forks? Or is there some other action being done to secure the MTA to the elevated forks. Clarification is necessary.
Claim 6 refers to “programming the specified destination.” This is unclear as it is not apparent what is required or where the destination information is being programmed.
Claim 27 depends from claim 22 but claim 22 was cancelled. Correction is required.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive (with respect to those claims still rejected above). Regarding claim 1, Applicant argued that despite the lack of specific sensors or examples of what constitutes “orientation data” a “PHOSITA would readily understand that a location transponder configured to transmit orientation information would collect sufficient data to determine orientation using well-known and conventional techniques commonly employed in transport and logistics systems.” Examiner disagrees and maintains that what is required by this information and how it is used is unclear rendering the claims indefinite.
Regarding claim 6 examiner agrees that the timing of the programming is clear, but it is still not clear where such information is being programmed? Is the MTA receiving this data? Is the transport mechanism being programmed? Is some other, unclaimed controller being programmed? Applicant’s remarks refer to a PHOSITA and various subsystems (navigation module etc.) but these elements are not required by the claims, merely the programming of the specified destination.
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 MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK C HAGEMAN/Primary Examiner, Art Unit 3652
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