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 .
Status of Claims
Claims 11-20 are currently pending in response to claim amendments and remarks filed on 06/29/2026. The claim amendments overcame the claim objections and 112 rejections as set forth in the Non-Final office action mailed on 12/29/2025.
Response to Applicant’s Remarks
With respect to 35 U.S.C. §103 rejections:
Applicant’s remarks with respect to independent claims 1 and 18 have been fully considered but are not persuasive. Applicant argues:
Abdelali’s system…cannot provide the precision in height that is required for Gerber…as Gerber requires all of its trays to be at a consistent height…incorporating Abdelali’s multi-level bottomless trays into Gerber’s high-precision printing conveyance system would render Gerber inoperable for its intended purpose, would defeat Gerber’s principle of operation, and would destroy Gerber’s core functionality (Remarks at 9); and
Abdelali does not teach or suggest selectively extracting a tray for the claimed purpose, namely so that a worker or processing station can pick up parts to be assembled or finished… Abdelali does not teach extracting a tray so an operator or station can pick up parts for assembly (Remarks at 10).
Examiner disagrees. In response to applicant's arguments:
The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As such, Applicant's argument that Abdelali fails to show certain features (“requires all of its trays to be at a consistent height”), it is noted that this feature upon which applicant relies is not recited in the rejected claim 1 nor claim 18. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Gerber teaches the recited limitations “a plurality of sorting units… each sorting unit… comprises a tray and can be extracted from said frame (Gerber: a plurality of removable trays 200, fig.1B and 2A-E; each removable trays 200 includes tray inlay 210 that can be switched to different tray inlay 210a-d, fig.2C and [0019]). Gerber does not appear to teach that the plurality of trays is “superimposed on various levels”. The concept of having the trays being superimposed on various levels is interpreted as each of the trays are stacked or layered. Thus, Examiner relies on Abdelali to teach the recited limitation “a plurality of trays which are superimposed on various levels” (Abdelali: container with multiple trays superimposing the top 3 trays and selectively extract the bottom tray to reveal products, fig.22).
Independent claim 11 recites “means for identifying the tray to be extracted at at least one respective processing station, in order to allow the pickup of the parts to be assembled or finished at the processing station from the specific tray that supports them” and independent claim 18 recites “extracting said identified tray, picking up the parts thereon and performing a process on said parts within a predetermined time equal for all processing stations”. Examiner does not rely on Abdelali to teach these limitations, rather, Examiner relies on the primary reference, Gerber, to teach: means for identifying the tray to be extracted at least one respective processing station, in order to allow the pickup of the parts to be assembled or finished at the processing station from the specific tray that supports them (Gerber: each tray [200] is identified with an identifier 230 from which information needed to process the tray 200 and/or the articles of manufacture 99 loaded thereon can be read or derived…the identifier 230 is a Radio Frequency Identification (RFID) tag, and is identified by an RFID reader, positioned along the conveyance path, in combination with a controller…the identifier 230 is a barcode which is detected by a barcode reader…the identifier 230 is a Near Field Communications (NFC) tag which is detected by an NFC tag reader, fig.2D and [0025]); and/or identifying the tray to be extracted, extracting said identified tray, picking up the parts thereon and performing a process on said parts within a predetermined time, equal for all processing stations (Gerber: each tray [200] is identified with an identifier 230 from which information needed to process the tray 200 and/or the articles of manufacture 99 loaded thereon can be read or derived…the identifier 230 is a Radio Frequency Identification (RFID) tag, and is identified by an RFID reader, positioned along the conveyance path, in combination with a controller…the identifier 230 is a barcode which is detected by a barcode reader…the identifier 230 is a Near Field Communications (NFC) tag which is detected by an NFC tag reader, fig.2D and [0025]; picking the correct trays 200 from the tray rack 134 and/or articles 99 from the blank article rack 131, and shortens the reaction time of the operators 2 to increase operations efficiency [0035]; The green/yellow light Pick-to-Light system 190 visually guides the operator 2a to pick and place the correct articles 99 into the correct type of tray 200 and release it to the conveyor system 180 for further processing by the printing system 150 [0084]). Gerber does not appear to teach that the plurality of trays is “superimposed on various levels”, but Gerber does teach the identification of each trays where parts thereon are picked up and processed at each processing station (Gerber: [0025], [0035] and [0084]).
Claim Objections
Claims 12-14 are objected to because of the following informality: Claim 12 recites the limitation “said height variation means” has insufficient antecedent basis. Claims 13-14 are further objected for being dependent upon an objected base claim 12. Appropriate correction is required.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 11-15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gerber et a. (EP-2871059-A1) in view of Abdelali (US 2017/0210561).
With respect to claim 11, Gerber teaches of an assembly line for manufactured articles, for making items of clothing (conveyance system for manufacturing different types of articles, fig.1A-B), comprising
a conveyance line (conveyor 181, fig.1B and [0014]) and a plurality of processing stations (loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]) along said conveyance line (fig.1B), comprising
a plurality of sorting units conveyed by said conveyance line (plurality of removable trays 200, fig.1B and 2A-E; each removable trays 200 includes tray inlay 210 that can be switched to different tray inlay 210a-d, fig.2C and [0019]), each sorting unit being adapted to support the parts of a manufactured article to be assembled progressively at said processing stations (each of the removable tray 200 includes the tray inlay 210 that can be switched to different tray inlay 210a-d that can hold one or more different types of articles of manufacture 99a-d, [0019]; the removable tray 200 is for transporting articles of manufacture on the conveyor 181, [0014], transporting to the loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]), each sorting unit comprising a supporting frame (each tray 200 comprises a base 201 and a frame 220 to support a tray inlay 210, fig.2A-E and [0018]) which comprises a tray and can be extracted from said frame (each removable trays 200 includes swapable tray inlay 210a-d, fig.2C and [0019]; the tray inlay 210a-d can be switched out of the tray 200 and be replaced by another inlay 200 designed to hold one or more different types of articles of manufacture 99 [0019]), each tray being adapted to contain the parts of the manufactured article that are to be assembled at a respective processing station thereof (transporting to the loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]; each tray 200 holds specific articles of manufacture 99a-d to be loaded on the conveyance system for manufacturing different types of articles, fig.1A-B, [0018]), and wherein said assembly line comprises
means for identifying the tray to be extracted at least one respective processing station, in order to allow the pickup of the parts to be assembled or finished at the processing station from the specific tray that supports them (each tray [200] is identified with an identifier 230 from which information needed to process the tray 200 and/or the articles of manufacture 99 loaded thereon can be read or derived…the identifier 230 is a Radio Frequency Identification (RFID) tag, and is identified by an RFID reader, positioned along the conveyance path, in combination with a controller…the identifier 230 is a barcode which is detected by a barcode reader…the identifier 230 is a Near Field Communications (NFC) tag which is detected by an NFC tag reader, fig.2D and [0025]).
With respect to claim 11, Gerber teaches of the sorting unit (Gerber: tray 200, fig.1B and 2A-E) that has a single layer (Gerber: each removable trays 200 includes swapable tray inlay 210 with optional tray inlay 210a-d, fig.2C and [0019]; the tray inlay 210a-d can be switched out of the tray 200 and be replaced by another inlay 200 designed to hold one or more different types of articles of manufacture 99 [0019]). Gerber does not teach that the sorting unit has multilevel which comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame.
However, it is known by Abdelali to teach devices for controlling delivery of a product and/or products containers of substantial size in manufacturing or distribution operations to an improved material storage and delivery structure and system for storing, delivering, positioning and removing both full and empty products containers to and from distribution or production line workstations as desired (Abdelali: [0004]). Particularly, Abdelali teaches a multilevel sorting units which comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame (Abdelali: container with multiple trays superimposing the top 3 trays and selectively extract the bottom tray to reveal products, fig.22).
Because Abdelali’s teaching is also directed to delivering of a products/items to and from production line workstations (Abdelali: fig.22 and [0004]; Gerber: fig.1A-B), it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching of “a multilevel sorting units which comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame” as taught by Abdelali with the conveyance system for manufacturing different types of articles as taught by Gerber for the purpose of allowing for the most efficient distribution of items to minimize the amount of stops that the picking robot will have to make (Abdelali: [0058]).
With respect to claims 12, Gerber and Abdelali combined teaches further wherein said identification means of the tray comprise, along said conveyance line, a height variation of said conveyance line at a series of processing stations, said height variation means being adapted to vary the height of each sorting unit from one processing station to the other of said series, so as to arrange the respective tray, which must be extracted at each processing station, substantially at the same height with respect to the ground along said conveyance line for each processing station (Gerber: height and width of the conveyor, and the heights and setup of the tray and articles racks, are designed for optimal loading ergonomics [0032]; a tray height adjustment mechanism responsive to a height adjustment signal to adjust the height of the engagement mechanism…a tray height adjustment parameter which may be used to signal a tray lift controller 404 to adjust the vertical position of the tray lift 403 so as to position the print surfaces of the articles of manufacture 99 to a vertical height that is within a specified distance, [0067], a tray height adjustment system, including a tray height or distance sensor 402 and a tray height adjustment mechanism 410, 420, 430 [0096]; Abdelali: The table slide is controlled by a controller found in the control panel that changes the height of the trays every time the product has been removed and placed into the discharge portion [0039]; The sensor determines the height of the stack of trays in the discharge portion. Upon reaching the proper height, the controller provides a signal to the actuators to release the tray, which drops onto the discharge region [0042]).
With respect to claims 13, Gerber and Abdelali combined teaches further wherein said height variation comprises at least one inclined portion of said conveyance line (Gerber: the height of the tray rack lanes 135 and conveyor 181 passing in front of the tray rack 134 are preferably approximately hip-high…The tray rack lanes 135 preferably open onto the conveyor 181 just opposite where the operator 2a, 2b stands, with the conveyor 181 passing therebetween. The lower surface (i.e., floor) of the tray rack lanes 135 are preferably flush to, or slightly higher than the height of the conveyor 181 so as to allow a tray to be easily pulled [0043]).
With respect to claims 14, Gerber and Abdelali combined teaches further wherein said inclination is substantially constant from the first to the last processing station of said series of processing stations (Gerber: the conveyance system 180 transfers the trays 200 at a constant working height [0015]), said inclination being such that the height of each sorting unit with respect to the floor decreases progressively during conveyance from the first to the last processing station of the series (the working height of transport relative to the surface (e.g., floor) on which the conveyance system stands may be 840 mm to provide optimal loading and unloading ergonomics [0015]; at loading station 130, fig.4a-c, with lanes 132 configured to be tilted downward at an incline…for loading the trays 200, [0027]).
With respect to claims 15, Gerber and Abdelali combined teaches further wherein said means for the identification of the tray to be extracted comprise an electromagnetic reader and, on each sorting unit, a plurality of lights arranged so that each tray can be identified visually by the lighting of at least one respective light, said lights being associated with said reader so that they can be activated selectively on the basis of the reading of a code performed by said reader, said code being applied on a respective part of said parts of the manufactured article to be assembled so as to turn on, with said reading, the light of the respective tray on which to place the part of the manufactured article on which said code is present (each tray [200] is identified with an identifier 230 from which information needed to process the tray 200 and/or the articles of manufacture 99 loaded thereon can be read or derived…the identifier 230 is a Radio Frequency Identification (RFID) tag, and is identified by an RFID reader, positioned along the conveyance path, in combination with a controller…the identifier 230 is a barcode which is detected by a barcode reader…the identifier 230 is a Near Field Communications (NFC) tag which is detected by an NFC tag reader, fig.2D and [0025]; the loading indicators 136 are implemented in what is herein termed a "pick-to-light" system, or light indicator panel 190. The pick-to-light system 190 supports the operator in picking the correct trays 200 from the tray rack 134 and/or articles 99 from the blank article rack 131, and shortens the reaction time of the operators 2 to increase operations efficiency. In an embodiment, each loading indicator 136 comprises one or more lights, such as LEDs, that turn on, turn a specific color, and/or flash in a particular sequence, when the tray lane 135 (and/or a blank article lane 132) is to be selected by the operator. A controller 195 controls the turning on and off of the indicators. The controller 195 is configured with intelligence as to what type of trays 200 are stored in each tray lane 135 and/or what types of articles of manufacture are in each blank article lane 132. The controller 195 is further configured to be in communication with the system controller 105 and/or production server 101 to receive information as to what type of tray 200 is to be loaded next in the production process. In one embodiment, as best illustrated in FIG. 4D, the pick-to-light system 190 includes one yellow 191 a, 191 b, ..., 191 n, and one green 192a, 192b, ..., 192n, light signal for each lane of the tray rack, [0035]).
With respect to claim 18, Gerber teaches a method for assembling manufactured articles, for making items of clothing (conveyance method and system for manufacturing different types of articles, fig.1A-B), comprising the steps of providing a conveyance line (conveyor 181, fig.1B and [0014]) and a plurality of processing stations (loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]) along said conveyance line (fig.1B), wherein the method comprises the steps of: providing a plurality of sorting units on said conveyance line (plurality of removable trays 200, fig.1B and 2A-E; each removable trays 200 includes tray inlay 210 that can be switched to different tray inlay 210a-d, fig.2C and [0019]), in which each sorting unit supports all the parts of a manufactured article to be assembled progressively at said processing stations (each of the removable tray 200 includes the tray inlay 210 that can be switched to different tray inlay 210a-d that can hold one or more different types of articles of manufacture 99a-d, [0019]; the removable tray 200 is for transporting articles of manufacture on the conveyor 181, [0014], transporting to the loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]), in each sorting unit, providing a supporting frame (each tray 200 comprises a base 201 and a frame 220 to support a tray inlay 210, fig.2A-E and [0018]), each tray containing the parts to be assembled at a respective processing station (transporting to the loading stations 130a-b and unloading stations 140a-b, fig.1B and [0015]; each tray 200 holds specific articles of manufacture 99a-d to be loaded on the conveyance system for manufacturing different types of articles, fig.1A-B, [0018]), at each one of said processing stations, identifying the tray to be extracted, extracting said identified tray (each tray [200] is identified with an identifier 230 from which information needed to process the tray 200 and/or the articles of manufacture 99 loaded thereon can be read or derived…the identifier 230 is a Radio Frequency Identification (RFID) tag, and is identified by an RFID reader, positioned along the conveyance path, in combination with a controller…the identifier 230 is a barcode which is detected by a barcode reader…the identifier 230 is a Near Field Communications (NFC) tag which is detected by an NFC tag reader, fig.2D and [0025]), picking up the parts thereon and performing a process on said parts within a predetermined time, equal for all processing stations (picking the correct trays 200 from the tray rack 134 and/or articles 99 from the blank article rack 131, and shortens the reaction time of the operators 2 to increase operations efficiency [0035]; The green/yellow light Pick-to-Light system 190 visually guides the operator 2a to pick and place the correct articles 99 into the correct type of tray 200 and release it to the conveyor system 180 for further processing by the printing system 150 [0084]).
With respect to claim 18, Gerber teaches of the sorting unit (Gerber: tray 200, fig.1B and 2A-E) that has a single layer (Gerber: each removable trays 200 includes swapable tray inlay 210 with optional tray inlay 210a-d, fig.2C and [0019]; the tray inlay 210a-d can be switched out of the tray 200 and be replaced by another inlay 200 designed to hold one or more different types of articles of manufacture 99 [0019]). Gerber does not teach that the sorting unit comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame.
However, it is known by Abdelali to teach devices for controlling delivery of a product and/or products containers of substantial size in manufacturing or distribution operations to an improved material storage and delivery structure and system for storing, delivering, positioning and removing both full and empty products containers to and from distribution or production line workstations as desired (Abdelali: [0004]). Particularly, Abdelali teaches a multilevel sorting units which comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame (Abdelali: container with multiple trays superimposing the top 3 trays and selectively extract the bottom tray to reveal products, fig.22).
Because Abdelali’s teaching is also directed to delivering of a products/items to and from production line workstations (Abdelali: fig.22 and [0004]; Gerber: fig.1A-B), it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching of “a multilevel sorting units which comprises a plurality of trays which are superimposed on various levels and can be extracted selectively from said frame” as taught by Abdelali with the conveyance system for manufacturing different types of articles as taught by Gerber for the purpose of allowing for the most efficient distribution of items to minimize the amount of stops that the picking robot will have to make (Abdelali: [0058]).
With respect to claim 19, Gerber and Abdelali combined teaches further a wherein said identification step comprises varying the height of said sorting unit from one station to the other of at least one series of consecutive processing stations, so as to bring the respective tray to be extracted at a respective processing station of the series, substantially at a same height from the ground which is identical for all the stations (Gerber: height and width of the conveyor, and the heights and setup of the tray and articles racks, are designed for optimal loading ergonomics [0032]; a tray height adjustment mechanism responsive to a height adjustment signal to adjust the height of the engagement mechanism…a tray height adjustment parameter which may be used to signal a tray lift controller 404 to adjust the vertical position of the tray lift 403 so as to position the print surfaces of the articles of manufacture 99 to a vertical height that is within a specified distance, [0067], a tray height adjustment system, including a tray height or distance sensor 402 and a tray height adjustment mechanism 410, 420, 430 [0096]; Abdelali: The table slide is controlled by a controller found in the control panel that changes the height of the trays every time the product has been removed and placed into the discharge portion [0039]; The sensor determines the height of the stack of trays in the discharge portion. Upon reaching the proper height, the controller provides a signal to the actuators to release the tray, which drops onto the discharge region [0042]).
Allowable Subject Matter
Claims 16/11, 17/16/11 and 20/18 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 and/or overcome the claim objection and 112b rejection as presented above.
With respect to claims 16/11, wherein said conveyance line is adapted to make said sorting units advance in a stepwise manner, so as to keep them stationary for a predetermined time at each station of said processing stations, said assembly line further comprising a conveyor of accumulation tables which can move in a stepwise manner to the side of a series of consecutive processing stations and substantially parallel to the portion of said conveyance line to the side of said series of consecutive processing stations, said conveyor being adapted to stop each accumulation table to the side of a respective station of said series for said predetermined time and, at the expiration of said predetermined time, to translate said accumulation table to the subsequent processing station of the series.
With respect to claims 17/16/11, wherein, at each one of the processing stations, a respective confirmation button is provided which is connected to means for controlling the assembly line, said control means being adapted to keep stationary said conveyance line and said table conveyor at least at the portions that are laterally adjacent to said processing stations and, upon the expiration of said predetermined time and if all the buttons have been pressed, to cause the advancement by one step of said conveyance line and said table conveyor so as to translate respectively each sorting unit and each table to the side of the subsequent processing station.
With respect to claim 20/18, further comprising the steps of: providing a conveyor of accumulation tables and making it advance in a stepwise manner to the side of at least one series of consecutive processing stations parallel to said conveyance line, stopping each accumulation table of said conveyor to the side of a respective processing station of said at least one series for said predetermined time; releasing onto said accumulation table the parts assembled or finished in said laterally adjacent processing station; when said predetermined time expires, translating said accumulation table to the subsequent processing station of said at least one series of processing stations.
Conclusion
The additional prior arts made of record and have not been relied upon are considered pertinent to applicant's disclosure as follows:
Sullivan et al. (US-2017/0362030-A1) teaches a storage and retrieval system including a vertical array of storage levels, each storage level having storage locations, a multilevel vertical conveyor system configured to transport the uncontained case units to and from the vertical array of storage levels, each storage level being configured to receive uncontained case units from the multilevel vertical conveyor system, at least one autonomous transport confined to each storage level, the at least one autonomous transport being configured to transport the uncontained case units between respective storage locations and the multilevel vertical conveyor system, and a controller configured to effect operation of the multilevel vertical conveyor system and at least one autonomous transport for assembling orders of uncontained case units of different types without moving bundles of the same uncontained case unit type throughout the storage and retrieval system (Abstract).
Burns et al. (US-2005/0252836-A1) teaches an automated means for sorting, queuing and presenting trays of sorted articles to inducts of one or more sortation assemblies for a second sort pass of the articles. The trays may be automatically removed from their respective output bins, and automatically identified and labeled so that the trays can be provided to the inducts in the proper order. The present invention thus saves time, improves accuracy of sorting and more fully utilizes the production capacity of the flat sorting machines ([0050]).
THIS ACTION IS MADE FINAL. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN (CINDY) D KHUU whose telephone number is (571)272-8585. The examiner can normally be reached on Monday-Friday 8a-8p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ken Lo can be reached on 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN D KHUU/Primary Examiner, Art Unit 2116 August 25, 2026
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