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 .
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.
Background
The Amendments to the Claims in the Applicant’s Preliminary Amendment, filed on 09/28/23, have been entered.
According to the Amendments, claims 1-27 were pending. Claims 1-27 have been canceled. Claims 28-47 have been added. Thus, claims 28-47 are now pending.
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.
Claims 28-47 are rejected under § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. At the outset, it is noted that the claims in general appear to be a machine translation of a foreign language. As a result, the same terminology is often used interchangeably when referring to separate and distinct claim features and different terminology is often used when referring to the same claim features, rendering the scope of the claimed invention unclear. For example, claim 28 refers to (1) a sorting and storage area, (2) at least one shelf being provided in the sorting and storage area, (3) at least one storage position being provided on the shelf for storing a bin; (4) the shelf comprising (5) a first storage area and (6) a second storage area; (7) the first storage area being provided with (8) a sorting and storage position, (9) a target sorting and storage position where sorted goods are to be stored in the first storage area, (9) a bin corresponding to the target sorting and storage position, and (10) an empty storage position in the second storage area. Therefore, claim 28 is indefinite as well as claims 29-37 which depend therefrom. Correction is required.
Additionally, claim 28 is further indefinite for reciting “the shelf comprising a first storage area and a second storage area.” While the shelf could comprise a first and second storage area, it appears as though the first and second storage area appear to further define the sorting and storage area. Therefore, the claim is indefinite. Correction is required. For purposes of examination, the claim language is interpreted as “the sorting and storage area comprising a first storage area and a second storage area.”
Claim 29 is further indefinite. The claim recites, in part, “in a case that it is determined to replenish a bin to an empty sorting and storage position in the first storage area.” It is unclear what the claim language means exactly. It is also unclear how the claim language further limits the claim. Correction is required.
Claim 30 is further indefinite. The claim recites, in part, “in a case that it is determined to perform a shelving-on operation on a bin outside the shelf.” It is unclear what the claim language means exactly. It is also unclear how the claim language further limits the claim. Correction is required.
Claim 31 is further indefinite. The claim recites, in part, “in a case that it is determined that a bin to be shelved-off exists in the shelf” It is unclear what the claim language means exactly. It is also unclear how the claim language further limits the claim. Correction is required.
Claim 35 is further indefinite. The claim recites, in part, “in a case that it is determined to destroy the goods to be destroyed.” It is unclear what the claim language means exactly. It is also unclear how the claim language further limits the claim. Correction is required.
Claim 36 is further indefinite. The claim recites, in part, “wherein the bin to be shelved-off comprises a bin to be warehoused-out on the shelf.” It is unclear what the claim language means exactly. It is also unclear how the claim language further limits the claim. Correction is required.
Claim 38 is rejected under § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 38 recites, in part, “the target sorting and storage position,” “the sorted goods,” “the first storage area,” “the sorting robot,” “the bin,” “the sorting task,” “the shelf,” “the bin transport robot,” and “the empty storage position.” Those terms lack an antecedent basis. Thus, claim 38 is indefinite as well as claims 39-46. Correction is required.
Claim 39 is further indefinite for the aforementioned reasons in claim 31.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 47 is rejected under § 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is on a computer-readable storage medium. Under the rule of broadest reasonable interpretation, terms like “computer-readable medium” or “computer-readable storage medium” are broad enough to encompass both physical hardware and transitory signals. If a claim covers both eligible and ineligible subject matter, the entire claim is rejected under § 101 for being directed to non-statutory subject matter. Thus, claim 47 is directed to ineligible patent subject matter.
To overcome such a rejection, the Applicant is advised to amend the claim using the following phrase: “A non-transitory computer-readable medium storing computer-readable instructions that when executed by a processor ...”
Claim Rejections - 35 USC § 102
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.
Claims 28-32, 34, 36-40, 43, 45, 46, and 47 are rejected under § 102(a)(1) as being anticipated by US Pub. No. 2018/0127212 to Jarvis et al. (Jarvis). For claim 28, Jarvis discloses a goods sorting system, comprising
a sorting and storage area (302/304/308/310/314/316/318),
a sorting robot (114/116),
a bin transport robot (114/116) and
a control server (102);
at least one shelf (not labeled) being provided in the sorting and storage area (see Fig. 3A depicting a plurality of storage shelves in a plurality of storage shelving units in a distribution facility);
at least one storage position being provided on the shelf for storing a bin (see Fig. 8 depicting a storage shelving unit including a plurality of storage shelves where each storage shelf includes two storage positions);
the sorting and storage area comprising a first storage area (302/304/308) and a second storage area (310/314/316/318);
the first storage area being provided with a sorting and storage position (see Fig. 3A);
the control server being configured to
determine a target sorting and storage position where sorted goods are to be stored in the first storage area based on sorted goods information (see ¶ [0112] identifying high-density items, corresponding modular storage units, and storage locations of the units),
dispatch the sorting robot to deliver the sorted goods into a bin corresponding to the target sorting and storage position (see ¶ [0063] routing picking AGVs with storage items to pick stations where items are transferred into cartons, boxes, or other shipping containers corresponding to a customer order), and
in a case that a sorting task has been completed for the bin in the first storage area of the shelf, dispatch the bin transport robot to transport the bin for which the sorting task has been completed in the first storage area to an empty storage position in the second storage area (see ¶¶ [0105-0107] for navigating via a picking robot through a high-density storage area, stopping in front of a first target storage shelving unit to retrieve a modular storage unit, and transporting the modular storage unit to a second target storage shelving unit).
In regards to claim 29, Jarvis further discloses that the control server is further configured to, in a case that it is determined to replenish a bin to an empty sorting and storage position in the first storage area, dispatch the bin transport robot to transport an empty bin from the second storage area to the sorting and storage position to which a bin is to be replenished in the first storage area. See ¶ [0058] (using the picking AGV to restock items in a modular storage unit when the item inventory level drops below a threshold value).
In regards to claim 30, Jarvis further discloses that the control server is further configured to, in a case that it is determined to perform a shelving-on operation on a bin outside the shelf, dispatch the bin transport robot to transport the bin outside the shelf to an empty storage position in the second storage area. See ¶ [0050] (transporting modular storage units to pick-cell stations where items are re-binned or consolidated into larger containers).
In regards to claim 31, Jarvis further discloses that the control server is further configured to, in a case that it is determined that a bin to be shelved-off exists in the shelf, dispatch the bin transport robot to transport the bin to be shelved-off to a position outside the shelf. See ¶ [0050] (retrieving modular storage units containing items to be picked in an order from the storage area and transporting the storage units to a pick-cell station).
In regards to claims 32 and 40, Jarvis further discloses that the sorted goods comprise goods to be returned; and the control server is configured to determine a target sorting and storage position where the goods to be returned are to be stored in the first storage area based on sorted goods information of the goods to be returned and actual occupation information of the sorting and storage positions in the first storage area, and dispatch the sorting robot to deliver the goods to be returned into a bin corresponding to the target sorting and storage position. See ¶¶ [0092] & [0098] (dispatching picking AGVs with modular storage units from the replenishment area to target storage locations in the high-density storage area).
In regards to claims 34 and 43, Jarvis further discloses that the control server is further configured to, after the target sorting and storage position is determined, in a case that no bin is placed at the target sorting and storage position, determine position information of an empty bin in the second storage area, and dispatch the bin transport robot to transport the empty bin from the second storage area to the target sorting and storage position based on the position information of the empty bin in the second storage area. See ¶¶ [0058] & [0063] (continuously tracking item data and order data as well as map data in order to transport and allocate modular storage units containing items to different zones throughout the distribution facility).
In regards to claims 36 and 45, Jarvis further discloses that the bin to be shelved-off comprises a bin to be warehoused-out on the shelf. See ¶ [0097] (preparing modular storage units/cartons for shipment once the AGV picks have been completed).
In regards to claims 37 and 46, Jarvis further discloses that the first storage area comprises a bottommost storage area of the shelf; and the second storage area comprises other storage areas except the bottommost storage area of the shelf. See Fig. 8 (showing a shelving unit with a plurality of storage shelves capable of such a configuration).
Claim 38 is rejected under § 102(a)(1) as being anticipated by Jarvis, supra. For claim 38, Jarvis discloses a goods sorting method applied to the control server of the goods sorting system according to claim 28, the goods sorting method comprising:
determining the target sorting and storage position where the sorted goods are to be stored in the first storage area based on sorted goods information (see ¶¶ [0119] for identifying modular storage unit locations in high-density storage where items can be stored by retrieving tracking and storage information from data storage);
dispatching the sorting robot to deliver the sorted goods into the bin corresponding to the target sorting and storage position (see ¶ [0063] routing picking AGVs with storage items to pick stations where items are transferred into cartons, boxes, or other shipping containers corresponding to a customer order); and
in a case that the sorting task has been completed for the bin in the first storage area of the shelf, dispatching the bin transport robot to transport the bin for which the sorting task has been completed in the first storage area to the empty storage position in the second storage area (see ¶¶ [0105-0107] for navigating via a picking robot through a high-density storage area, stopping in front of a first target storage shelving unit to retrieve a modular storage unit, and transporting the modular storage unit to a second target storage shelving unit).
In regards to claim 39, Jarvis further discloses that the goods sorting method further comprises:
in a case that it is determined to replenish a bin to an empty sorting and storage position in the first storage area, dispatching the bin transport robot to transport an empty bin from the second storage area to the empty sorting and storage position in the first storage area (see ¶ [0058] for using the picking AGV to restock items in a modular storage unit when the item inventory level drops below a threshold value);
in a case that it is determined to perform a shelving-on operation on a bin outside the shelf, dispatching the bin transport robot to transport the bin outside the shelf to an empty storage position in the second storage area (see ¶ [0050] for transporting modular storage units to pick-cell stations where items are re-binned or consolidated into larger containers);
dispatching the bin transport robot to transport the bin to be shelved-off to a position outside the shelf in a case that it is determined that a bin to be shelved-off exists in the shelf (see ¶ [0050] retrieving modular storage units containing items to be picked in an order from the storage area and transporting the storage units to a pick-cell station).
Claim 47 is rejected under § 102(a)(1) as being anticipated by Jarvis, supra. For claim 47, Jarvis discloses a computer-readable storage medium (102/120) storing computer-readable instructions (see ¶ [0040] for providing a Warehouse Execution System (WES) including hardware and software for performing the operations of the automated storage and retrieval system, the WES further including one or more non-transitory computer-readable mediums for data storage), wherein when the instructions in the storage medium are executed by a processor, the goods sorting method according to claim 38 is implemented. See supra.
Allowable Subject Matter
Claims 33, 35, 36, 41, 42, and 44 would be allowable if rewritten to overcome the rejections under 35 U.S.C. § 112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Relevant Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2020/0324972 to Cheng et al. discloses a handling robot including a storage frame; and a material handling device installed on the storage frame, and including a telescopic arm and a manipulator installed to the telescopic arm.
US Pat. No. 9,327,952 to Kolharkar et al. discloses a cart for moving items includes a base, wheels coupled to the base, and one or more rollers coupled on an upper surface of the base. The base includes one or more loading areas for loading items to be moved onto the base, and one or more unloading areas for unloading items from the base. The rollers coupled on one or more upper surfaces of the base in the loading areas may support items as the items are loaded onto the base.
US Pat. No. 11,427,405 to Theobald et al. discloses a system and method for retrieving containers in a hybrid environment by arranging, on a robot, a set of suctions cups on an actuator of the robot to allow for removable engagement of the set of suction cups to a container surface. The method further includes initiating movement of the actuator to cause the robot to (1) engage the set of suction cups to the container surface, generating a pressure within at least a subset of the set of suction cups; (2) detect the pressure within the subset of the set of suction cups; (3) connect the subset of the set of suction cups to a set of vacuum pumps to generate a vacuum, resulting in a grip on the container; and (4) move the container on to a platform of the robot to prepare the container for delivery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is 571.270.7769. The examiner can normally be reached on M-F, 9-5 PM.
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/KYLE O LOGAN/Primary Examiner, Art Unit 3655