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 this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a plurality of multilevel sorting units conveyed…each sorting unit being adapted to support the parts of a manufactured article to be assembled progressively at said processing stations (claim 11-19, a structure is defined in figure 2 and page 5 of the written description as a tray holder).
means for identifying the tray to be extracted at least one respective processing station (claim 11, 15, a structured is defined on page 14 as an electromagnetic reader, an optical reader, barcode, or QR reader).
means for varying the height of said sorting units at a series of processing stations (claims 12-13).
means for controlling the assembly line (claim 17, a structured is defined on page 7 as a PLC or NC machines).
Claim Objections
Claims 11-17 are objected to because of the following informality: Claim 1 recites a typographical error, repeating the word “at at” (line 12). Claims 12-17 are further objected for being dependent upon an objected base claim 11.
With respect to claims 1 and 18, the phrase "particularly for making items of clothing" resides in the preamble, thus, “making items of clothing” is not limiting unless it introduces “clothing” in the body of the claim. Furthermore, the word “particularly” would render the claim indefinite because it is unclear whether the limitations “making items of clothing” following the phrase “particularly” are part of the claimed invention.
Claims 12-17 and 19-20 are further rejected under 35 U.S.C. 112, second paragraph, for being dependent upon a rejected base claim 11 and 18 respectively.
Appropriate correction is required.
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 12-13 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 pre-AIA the applicant regards as the invention.
Claims 12-13 recite the “means” for varying the height of said sorting units at a series of processing stations (claims 12-13)” that have been interpreted to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (See claim interpretation above). However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. Written description fails to clearly link or associate the disclosed structure, material or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material or acts perform the claimed function.
There are various sections in Applicant’s specification that repeatedly describe “means” that are adapted to vary the height of the sorting unit (i.e., tray holder), such as, varying a height or altitude that is convenient for picking up parts from the associated tray for the processing station. See Specification starting at page 9-13, and 17. Nonetheless, the specification combined with figures 1-7, fails to disclose any structures or mechanisms for these “means” that vary the height of the sorting unit as recited in claims 12-13. For this reason, the written description fails to disclose the corresponding structure for each of the “means” configured to invoke the claimed functions “for varying the height of said sorting units at a series of processing stations” as recited in claims 12-13.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(0) and 2181.
With respect to claim 14, the phrase “said inclination being preferably 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” renders the claim indefinite because it is unclear whether the limitations “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” following the phrase “preferably” are part of the claimed invention. See MPEP § 2173.05(d).
With respect to claim 15, the phrase “reading of a code performed by said reader, said code being applied preferably 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” renders the claim indefinite because it is unclear whether the limitations “[code being applied] on a respect 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” following the phrase “preferably” are part of the claimed invention. See MPEP § 2173.05(d).
With respect to claim 18, the phrase "a predetermined time, preferably equal for all processing stations" renders the claim indefinite because it is unclear whether the limitations “[a predetermined time] equal for all processing stations” following the phrase “preferably” are part of the claimed invention. See MPEP § 2173.05(d).
Claims 19-20 are further rejected under 35 U.S.C. 112, second paragraph, for being dependent upon a rejected base claim 18.
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, particularly 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, means for varying the height of said sorting units 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 means for varying the height of the sorting units comprise 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 preferably 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 preferably 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, particularly 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, preferably 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: Finke (US 2018/0004195-A1), US-20170368845-A1, US-20150360486-A1, US-20130335464-A1, US-20130334010-A1, and WO_2016082883_A1.
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/HIEN D KHUU/Primary Examiner, Art Unit 2116 December 23, 2025