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 .
Information Disclosure Statement
The information disclosure statement filed 2 October 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: The applicant’s specification uses inconsistent terminology throughout the specification and therefore makes it difficult for someone to fully understand the invention. While the applicant can be their own lexicographer, the terms used throughout the specification for specific features should remain consistent.
For example, in the brief description of figure 5 the specification says “shows a mobile transport device with a stack of bowls on board”. The term bowls is never used again and seems to have been replace by the terms boxes/trays. Another example of inconsistent terminology is when the specification refers to the transport device 130 or the MTU 130. The examiner understands these to be the same feature, however, consistent use of one term is recommended for clarity.
On page 2, lines 61-62, the specification reads “All boxes/trays as well as a subset of boxes/trays can be lifted or picked up by the transport device. The examiner believes this should read lifting device.
On page 5, lines 118-119, the specification reads “According to the present invention, the “systems” described and claimed may be devices and devices.” What does this line mean?
It is recommended that the applicant review the entire specification for consistency and clarity to more clearly describe the invention.
Claim Objections
Claims 1-8 are objected to because of the following informalities: The claims are replete with typographical errors including extra spaces, randomly capitalized words, extra words and periods. 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 1-8 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 is replete with indefiniteness issues and is reproduced below for ease of explanation.
System for storing and organizing materials, comprising: a storage area (110),
at least one first layer (100), preferably a plurality of layers, comprising a plurality of storage locations, which are preferably arranged in rows in two horizontal directions perpendicular to one another and serve to accommodate boxes as a storage location for the materials in stacks,
at least one transport device (130) which has a receiving area for individual boxes or stacks of boxes to or from the storage system,
a transport system, in particular a rail arrangement, on which the at least one transport device (130) is mounted so that it can be moved from, to and within the storage system (s) and can be delivered to individual stacks of boxes in the storage system (110) and
a re-sorting device (140) with
- at least one first gripper (142), which is connected to the storage system via the transport system and is designed to pick up one, preferably at least two, particularly preferably any number/subset of boxes from the stack of boxes, lift them and return them again to the transport device or to a different transport device (130),
- at least one second gripper (142), to which the transport device (130) can be delivered in a loading area of the second gripper and is designed to pick up at least a subset of the remaining boxes of the stack from the transport device (130), and
- a movable storage device (150), which can be delivered to the first and / or the second gripper or a loading area of the gripper(s), and is designed to take picked up boxes from the gripper(s) and from the loading area to move the gripper(s) in a separate storage device of the sorting device for temporary storage, whereby the loading area of the gripper(s) is freed up for picking up or delivering boxes to/from a transport device, wherein the picked up boxes can be temporarily stored in the storage device, preferably next to at least one of the grippers.
Claim 1 recites the limitation "the materials" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the storage system" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Applicant seems to switch between the term “storage area” and “storage system” in claim 1. Are these the same thing or is the storage area and feature of the storage system? In addition, the applicant claims plural storage system(s) in line 11 of claim 1. Are there multiple storage systems? This is unclear.
Regarding the phrase "in particular" and “particularly preferably” render the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In regards to the claimed storage device, applicant claims that the device can be delivered to the first and/or second gripper or the loading area of the gripper(s), and is designed to take picked up boxes from the gripper(s) and from the loading area to move the gripper(s) in a separate storage device of the sorting device for temporary storage. Based on the examiner’s understanding of the specification the storage device is delivered to the loading area of the grippers to receive boxes or trays that are being held by the gripper, and move the boxes from the loading area for temporary storage on the storage device. The statement highlighted above does not make sense and needs to be reworded to more clearly define the features of the storage device in the system.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schedlbauer et al. (US 2021/0261337) in view of Fagerland (US 2022/0267094).
Regarding claim 1, Schedlbauer et al. teaches a system for storing and organizing materials, comprising:
a storage area, 5,
at least one first layer, preferably a plurality of layers, comprising a plurality of storage locations, which are preferably arranged in rows in two horizontal directions perpendicular to one another and serve to accommodate boxes, 3, as a storage location for the materials, 2, in stacks, 8, see figure 8 which shows multiple layers and perpendicular horizontal rows of stacks of tray,
at least one transport device, 9, which has a receiving area for individual boxes or stacks of boxes to or from the storage system, see paragraph 0328,
a transport system, on which the at least one transport device, 9, is mounted so that it can be moved from, to and within the storage system, 5, and can be delivered to individual stacks, 8, of boxes, 3, in the storage system, 5, see figure 8 and paragraph 0328 and
a re-sorting device, 75, with
- at least one first gripper, 84, which is connected to the storage system, 5, via the transport system and is designed to pick up one, preferably at least two, particularly preferably any number/subset of boxes from the stack of boxes, lift them and return them again to the transport device or to a different transport device, 9, see paragraphs 0339 and 0340,
- at least one second gripper, 84, to which the transport device, 9, can be delivered in a loading area of the second gripper and is designed to pick up at least a subset of the remaining boxes of the stack from the transport device, 9, while the figures do not show a second gripper, the reference that the number of unloading devices may vary depending on the required picking performance…the order fulfillment facility may have a second unloading device, see paragraph 0030, and
- a movable storage device, 7g or 7d, which can be delivered to the first and / or the second gripper or a loading area of the gripper(s), and is designed to take picked up boxes from the gripper(s) and from the loading area to move the gripper(s) in a separate storage device of the sorting device for temporary storage, whereby the loading area of the gripper(s) is freed up for picking up or delivering boxes to/from a transport device, wherein the picked up boxes can be temporarily stored in the storage device, preferably next to at least one of the grippers, see paragraphs 0031 which teach a buffer surface, 76a and 76b, next to the loading area 77a and 77b, for temporarily storing storage devices 7g or 7d.
Schedlbauer et al. does not teach that the transport system is in particular a rail arrangement. Fagerland teaches a system for storing and organizing materials including a transport system, in particular a rail arrangement, 5, on which a transport device, 6, is mounted so that is can be moved around the storage system, see figure 4.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the rail arrangement of the transport system taught by Fagerland with the system of Schedlbauer et al. in order to achieve the predictable result of clearly defining and controlling the transport path of the transport device throughout the system.
Regarding claim 2, Schedlbauer et al. teaches the gripper, 84, is height-adjustable and is designed to lift boxes from the transport device, see paragraphs 0342 and 0343 which describes the movement of the gantry robot of the gripper, 84, in the horizontal and vertical directions.
Regarding claim 3, Schedlbauer et al. teaches the movable storage device (150) has a displaceable storage surface, 7g or 7d which can be delivered to the loading area of the grip- per, see paragraph 0332.
Regarding claim 4, Schedlbauer et al. teaches the transport system is arranged in areas below the gripper and forms the loading area for the gripper or grippers, see figure 8a.
Regarding claim 5, Schedlbauer et al. teaches the movable storage device, 7g and 7d, can be delivered to the respective loading area, 77a and 77b, of a plurality of grippers, 0332.
Regarding claim 6, Schedlbauer et al. teaches a re-sorting device for a system with
- at least a first gripper, 84, which is connected to the storage system via a transport system and is designed to pick up a subset of boxes, 3, arranged on the transport device, 9, or all to hold these boxes from a transport device, 9, which is placed in a loading area, 77a or 77b, of the gripper, and then hand them back to the transport device or to another transport device, - at least a second gripper, 84, and a loading area, 77a or 77b, for the gripper to which the transport device, 9, can be delivered, the second gripper, 84, being configured to receive a subset of the remaining boxes or all of the transport device arranged in the loading area remaining boxes, see paragraph 0037 an d0037, it is noted that while the figures do not show a second gripper, the reference that the number of unloading devices may vary depending on the required picking performance…the order fulfillment facility may have a second unloading device, see paragraph 0030, and
- a storage device preferably with a fixed base, 76, and a movable storage device, 7d and 7g, which is displaceable between a storage position, 76a and 76b, and a loading position, 77a and 77b, in the loading area of at least the first gripper, 84, and configured to pick up boxes held by the gripper, 84, preferably by any gripper, and store them outside the loading area, but preferably adjacent to it, whereby access to the loading area of the gripper is freed up for optionally further boxes and / or a transport device, see paragraphs0404 0420 and 0421 which describes the use of the storage position.
Regarding claim 7, Schedlbauer et al. does not shows a second gripper, 84, but teaches the system can includes a second unloading device, 75, which would include the second gripper, 84, and be placed in the storage system next to the first unloading device, 75. Therefore, Schedlbauer et al. teaches the arrangement claimed wherein both a second gripper, 84, and a storage device, 7g and 7d, are provided, the storage device being arranged between the storage areas, 76, of the two grippers, the movable storage surface, 7g and 7d, of the storage device can be delivered towards the respective loading area of both grippers, 84, and the grippers are designed to pick up boxes provided on the movable storage area to the respective gripper or to take hand over to the movable storage area, Schedlbauer et al. teaches the movable storage surfaces are movable throughout the transport system by transport devices, 9, and would be movable between the two unloading devices and the two grippers.
Regarding claim 8, Schedlbauer et al. teaches a method for organizing materials using the system according to claim 1,
in which the materials are stored in boxes, 3, and the boxes, 3, are organized in stacks, 8, wherein the stacks of boxes can be transported by means of at least one transport device, 9, between a storage system, 5, for the stacks and a re- sorting device, 75, for the boxes, 3, of a stack, 8, wherein at least some of the transported boxes, 3, of one stack of boxes, 8, are taken over in a loading area, 77a and 77b, of the re-sorting device, 75, wherein the re-sorting device has at least one first gripper, 84, which picks up and holds the subset of the boxes, 3, to be taken from the stack, 8, of boxes and are lifted by means of the at least one first gripper, 84, so that the transport device can be moved out of the loading area of the gripper without the taken subset of the boxes, see paragraph 0407 and 0408, where
- a movable storage device, 7g and 7d, is arranged adjacent to the loading area of the at least one first gripper, which receives and temporarily stores boxes from the transport device, 9, or the at least one first gripper, 84, whereby the transport device or the at least one first gripper is freed up for receiving boxes from the other part, i.e. the gripper or the transport device, and the intermediately stored boxes are transferred to an empty transport device or to the at least one first gripper for re-sorting the order of boxes on the transport device, see 0331 and 0332.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art cited on the PTO-892 and not relied upon are included to show other examples of systems for storing and organizing materials. The references are included to show the general state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/KAITLIN S JOERGER/Primary Examiner, Art Unit 3652
16 December 2025