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 .
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.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 recognizing part configured to receive items discharged in a random order…recognize the discharge order of the items by reading….”
“a group-specific loading part configured to group the items into a predetermined number unit…arrange the items in the discharge order…”
“an arranging part configured to…arrange items in the discharge order of the items…”
in claims 6, 8-10, & 13-14.
A review of the specification shows that the following appears to be the corresponding structure for the above limitation described in the specification: (see at least Applicant Specification, pg. 7 lines 5-6: Thus, the recognizing part 110 may be configured in various forms, such as video recording means including cameras, wireless tag recognition means, and the like. & pg. 10 lines 1-15: Additionally, a temporary storage part 140 may be further provided to temporarily store items when items with a discharge order beyond the processing range of the group-specific loading part 120 are recognized during the sorting process… The arranging part 130 is provided with a plurality of buffers 131, 132, 133, and 134, and rearranges and discharges items in the discharge order within the corresponding group by changing the discharge order of the items by reloading into or moving them to the buffers at different positions according to the discharge order.).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2020/0255223A1 (“Collin”).
As per claim 1 Collin discloses
A method for sequentially arranging items discharged in a random order and discharging same (see at least Collin, para. [0148]:FIG. 2 presents a block diagram of an example of an automated distribution system in which itis possible to implement a load-sequencing method according to the invention. In this example, the system comprises five source S1 to S5 (for example, different parts (storage units) of a storage depot), five destinations D1 to D5 (for example customer order picking or preparing stations), a collector 1 (composed for example of one or more conveyors), sequencing and storage buffer devices or systems 91 and a control system 90 (for example of the WCS type).), the method comprising the steps of:
receiving items discharged in a random order and recognizing a discharge order attached to or printed on the items (see at least Collin, para. [0151]: As described in detail further below, it is accepted that, at the end of the collection of loads on the collector, these loads are in disorder (relative to the rising sequential order of destination). & para. [0274]: In the figures, the loads are referenced by their sequential order number of destination as well as by a geometrical code corresponding to their destination (oval for D1, triangle for D2, rectangle for D3 and circle for D4).);
grouping the items into a predetermined number unit according to the discharge order, allocating and preparing in advance a different loading position of each group, and sequentially loading the items of the recognized discharge order at a loading position allocated to a group corresponding to the recognized discharge order of the items provided sequentially (see at least Collin, para. [0157-0160]: In a step 31, the control system 90 prepares a collection list L.sub.C containing n loads to be collected and reducing a disorder of the n loads (computed with a disorder computing function) relative to a rising order of sequential order numbers of destination. The n loads are contained in the source buffer devices F1 to F5. We have: n=Σ.sub.i=1.sup.i=kp(i), with p(i) being a number of loads to be collected in the i.sup.th source buffer device….In a step 32, the control system 90 controls the collector 1 and the source buffer devices F1 toF5 so that a collection of loads (on the collector) is carried out in compliance with the collection list….If the loads of a given customer order must arrive at a given destination in a given rising sequential order of destination, a step 33 is carried out in which the control system 90 controls the sequencing and buffer storage systems 91 for a correction of disorder of the n loads.); and
when a predetermined condition is satisfied in at least one loading position, arranging items in the discharge order of the items loaded at the corresponding loading position and then discharging the items one by one from the corresponding loading position (see at least Collin, para. [0279]: We take the case (the variant referred further above) where the load-sequencing method of FIG. 3 comprises a preliminary step 30 (before the step 31 for building the collection list). In this preliminary step 30, the control system computes the substitute sequential order numbers of destination as a function of the sequential order numbers of destination of the loads contained in the source buffer devices F1 to F5. More specifically, for at least one group (or each group in one particular embodiment) of R successive loads contained in one of the source buffer devices with R as an integer greater than or equal to 2: the system computes a substitute order number of destination as a function of the sequential order numbers of destination of the R loads. Then, during the execution of the step 31 for building the collection list, the control system uses the substitute sequential order number of destination for each of the R loads.).
As per claim 2 Collin discloses
wherein the predetermined condition is a case where the number of loading positions at which items are loaded in each group, including the loading position of the group with the earliest discharge order, is greater than or equal to a predetermined number (see at least Collin, para. [0174-0176]: In the event of a positive response at the step 505, the control system returns to the step 504.In the event of a negative response to the test step 505, the control system takes an unprocessed value of f and passes to the test step 506 in which it verifies whether U(f)<p(f), with U(f) being a number of loads of the f.sup.th source buffer device contained in L, and p(f) being the number of loads to be collected in the f.sup.th source buffer device…In the event of a negative response at the test step 506, the control system returns to the step505. In the event of a positive response at the step 506, the control system passes to the test step506a in which it verifies whether N(f)<y.sub.f, with N(f) being a maximum number of loads of the f′.sup.h source buffer device placed consecutively in L, and y.sub.f a predetermined value (for example, y.sub.f=6). para. [0188-0192]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices…computing d.sub.H as a value of disorder of the list L.sub.H, with the disorder computation function…In the event of a positive response at the test step 509, the control system returns to the step 505.).
As per claim 3 Collin discloses
wherein the arranging and discharging of the items in the order of discharge comprises, once all items have been loaded into a loading position allocated to a group with the earliest discharge order, arranging the items in the discharge order of the items within a loading position of the corresponding group and discharging the items one by one from a loading position with the earliest discharge order (see at least Collin, para. [0188-0191]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices).
As per claim 4 Collin discloses
wherein the arranging and discharging of the items in the discharge order comprises arranging the items in the discharge order within the corresponding group by changing the discharge order of the items by relocating or moving the items to buffers at different positions according to the discharge order and discharging the items one by one from the corresponding loading position (see at least Collin, para. [0160]: In a test step 34, the control system 90 verifies that an entry of at least one new load into one of the source buffer devices F1 to F5 prompts a modification of the loads to be collected in this source buffer device and therefore a modification of the n loads to be collected in the set of k source buffer devices. In the event of a positive response at the test step 34 (i.e. in the event of a modification of the set of n loads to be collected), the control system 90 launches a new execution of the steps of the method. & para. [0176]: In the event of a negative response at the test step 506a, the control system returns to the step 505. In the event of a positive response at the test step 506a, the control system passes to the step507 in which it creates a new state e.sub.N=(U.sub.N, L.sub.N) starting from e=(U, L), in adding 1 to U(f) and adding, at the end of L, the load occupying the (U(f)+1).sup.th position in the sequence of loads contained in the f.sup.th source buffer device.).
As per claim 5 Collin discloses
wherein the recognizing of the discharge order of the items comprises recognizing the discharge order by reading at least one of symbols, numbers, characters, barcodes, and wireless tags attached or printed on the items (see at least Collin, para. [0151]: As described in detail further below, it is accepted that, at the end of the collection of loads on the collector, these loads are in disorder (relative to the rising sequential order of destination). & para. [0274]: In the figures, the loads are referenced by their sequential order number of destination as well as by a geometrical code corresponding to their destination (oval for D1, triangle for D2, rectangle for D3 and circle for D4).).
As per claim 6 Collin discloses
An apparatus for arranging in sequence items discharged in a random order and discharging them again (see at least Collin, para. [0148]:FIG. 2 presents a block diagram of an example of an automated distribution system in which itis possible to implement a load-sequencing method according to the invention. In this example, the system comprises five source S1 to S5 (for example, different parts (storage units) of a storage depot), five destinations D1 to D5 (for example customer order picking or preparing stations), a collector 1 (composed for example of one or more conveyors), sequencing and storage buffer devices or systems 91 and a control system 90 (for example of the WCS type).), comprising:
a recognizing part configured to receive items discharged in a random order and recognize a discharge order attached to or printed on the items (see at least Collin, para. [0151]: As described in detail further below, it is accepted that, at the end of the collection of loads on the collector, these loads are in disorder (relative to the rising sequential order of destination). & para. [0274]: In the figures, the loads are referenced by their sequential order number of destination as well as by a geometrical code corresponding to their destination (oval for D1, triangle for D2, rectangle for D3 and circle for D4).);
a group-specific loading part configured to group the items into a predetermined number unit according to the discharge order, allocate and prepare in advance a different loading position of each group, and sequentially load the items of the recognized discharge order at a loading position allocated to a group corresponding to the recognized discharge order of the items provided sequentially (see at least Collin, para. [0157-0160]: In a step 31, the control system 90 prepares a collection list L.sub.C containing n loads to be collected and reducing a disorder of the n loads (computed with a disorder computing function) relative to a rising order of sequential order numbers of destination. The n loads are contained in the source buffer devices F1 to F5. We have: n=Σ.sub.i=1.sup.i=kp(i), with p(i) being a number of loads to be collected in the i.sup.th source buffer device….In a step 32, the control system 90 controls the collector 1 and the source buffer devices F1 toF5 so that a collection of loads (on the collector) is carried out in compliance with the collection list….If the loads of a given customer order must arrive at a given destination in a given rising sequential order of destination, a step 33 is carried out in which the control system 90 controls the sequencing and buffer storage systems 91 for a correction of disorder of the n loads.); and
an arranging part configured to, when a predetermined condition is satisfied in at least one loading position, arrange items in the discharge order of the items loaded at the corresponding loading position and then discharge the items one by one from the corresponding loading position (see at least Collin, para. [0279]: We take the case (the variant referred further above) where the load-sequencing method of FIG. 3 comprises a preliminary step 30 (before the step 31 for building the collection list). In this preliminary step 30, the control system computes the substitute sequential order numbers of destination as a function of the sequential order numbers of destination of the loads contained in the source buffer devices F1 to F5. More specifically, for at least one group (or each group in one particular embodiment) of R successive loads contained in one of the source buffer devices with R as an integer greater than or equal to 2: the system computes a substitute order number of destination as a function of the sequential order numbers of destination of the R loads. Then, during the execution of the step 31 for building the collection list, the control system uses the substitute sequential order number of destination for each of the R loads.).
As per claim 7 Collin discloses
wherein the predetermined condition is a case where the number of loading positions at which items are loaded in each group, including the loading position of the group with the earliest discharge order, is greater than or equal to a predetermined number (see at least Collin, para. [0174-0176]: In the event of a positive response at the step 505, the control system returns to the step 504.In the event of a negative response to the test step 505, the control system takes an unprocessed value of f and passes to the test step 506 in which it verifies whether U(f)<p(f), with U(f) being a number of loads of the f.sup.th source buffer device contained in L, and p(f) being the number of loads to be collected in the f.sup.th source buffer device…In the event of a negative response at the test step 506, the control system returns to the step505. In the event of a positive response at the step 506, the control system passes to the test step506a in which it verifies whether N(f)<y.sub.f, with N(f) being a maximum number of loads of the f′.sup.h source buffer device placed consecutively in L, and y.sub.f a predetermined value (for example, y.sub.f=6). para. [0188-0192]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices…computing d.sub.H as a value of disorder of the list L.sub.H, with the disorder computation function…In the event of a positive response at the test step 509, the control system returns to the step 505.).
As per claim 8 Collin discloses
wherein the group-specific loading part is configured to once all items have been loaded into a loading position allocated to a group with the earliest discharge order, arrange the items in the discharge order of the items within a loading position of the corresponding group and discharge the items one by one from a loading position with the earliest discharge order (see at least Collin, para. [0188-0191]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices).
As per claim 9 Collin discloses
wherein the arranging part is configured to arrange the items in the discharge order within the corresponding group by changing the discharge order of the items by reloading or moving the items to buffers at different positions according to the discharge order and discharge the items one by one from the corresponding loading position of the group-specific loading part (see at least Collin, para. [0160]: In a test step 34, the control system 90 verifies that an entry of at least one new load into one of the source buffer devices F1 to F5 prompts a modification of the loads to be collected in this source buffer device and therefore a modification of the n loads to be collected in the set of k source buffer devices. In the event of a positive response at the test step 34 (i.e. in the event of a modification of the set of n loads to be collected), the control system 90 launches a new execution of the steps of the method. & para. [0176]: In the event of a negative response at the test step 506a, the control system returns to the step 505. In the event of a positive response at the test step 506a, the control system passes to the step507 in which it creates a new state e.sub.N=(U.sub.N, L.sub.N) starting from e=(U, L), in adding 1 to U(f) and adding, at the end of L, the load occupying the (U(f)+1).sup.th position in the sequence of loads contained in the f.sup.th source buffer device.).
As per claim 10 Collin discloses
wherein the recognizing part is configured to recognize the discharge order of the items by reading at least one of symbols, numbers, characters, barcodes, and wireless tags attached or printed on the items (see at least Collin, para. [0151]: As described in detail further below, it is accepted that, at the end of the collection of loads on the collector, these loads are in disorder (relative to the rising sequential order of destination). & para. [0274]: In the figures, the loads are referenced by their sequential order number of destination as well as by a geometrical code corresponding to their destination (oval for D1, triangle for D2, rectangle for D3 and circle for D4).).
As per claim 11 Collin discloses
wherein the arranging and discharging of the items in the discharge order comprises arranging the items in the discharge order within the corresponding group by changing the discharge order of the items by relocating or moving the items to buffers at different positions according to the discharge order and discharging the items one by one from the corresponding loading position (see at least Collin, para. [0188-0191]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices).
As per claim 12 Collin discloses
wherein the arranging and discharging of the items in the discharge order comprises arranging the items in the discharge order within the corresponding group by changing the discharge order of the items by relocating or moving the items to buffers at different positions according to the discharge order and discharging the items one by one from the corresponding loading position (see at least Collin, para. [0160]: In a test step 34, the control system 90 verifies that an entry of at least one new load into one of the source buffer devices F1 to F5 prompts a modification of the loads to be collected in this source buffer device and therefore a modification of the n loads to be collected in the set of k source buffer devices. In the event of a positive response at the test step 34 (i.e. in the event of a modification of the set of n loads to be collected), the control system 90 launches a new execution of the steps of the method. & para. [0176]: In the event of a negative response at the test step 506a, the control system returns to the step 505. In the event of a positive response at the test step 506a, the control system passes to the step507 in which it creates a new state e.sub.N=(U.sub.N, L.sub.N) starting from e=(U, L), in adding 1 to U(f) and adding, at the end of L, the load occupying the (U(f)+1).sup.th position in the sequence of loads contained in the f.sup.th source buffer device.).
As per claim 13 Collin discloses
wherein the arranging part is configured to arrange the items in the discharge order within the corresponding group by changing the discharge order of the items by reloading or moving the items to buffers at different positions according to the discharge order and discharge the items one by one from the corresponding loading position of the group-specific loading part (see at least Collin, para. [0188-0191]: In one particular embodiment of the step 509, the predetermined value d.sub.H is computed as follows…building a reference list L.sub.H that contains the n loads and is built as follow…the first load of L.sub.H is the load having the smallest sequential order number of destination among the loads really ready to go out of the k source buffer device….each following load of L.sub.H is the load having the smallest sequential order number of destination among the loads that would be ready to go out of the k source buffer devices in fictitiously assuming that the previous loads of L.sub.H have gone out of the k source buffer devices).
As per claim 14 Collin discloses
wherein the arranging part is configured to arrange the items in the discharge order within the corresponding group by changing the discharge order of the items by reloading or moving the items to buffers at different positions according to the discharge order and discharge the items one by one from the corresponding loading position of the group-specific loading part (see at least Collin, para. [0160]: In a test step 34, the control system 90 verifies that an entry of at least one new load into one of the source buffer devices F1 to F5 prompts a modification of the loads to be collected in this source buffer device and therefore a modification of the n loads to be collected in the set of k source buffer devices. In the event of a positive response at the test step 34 (i.e. in the event of a modification of the set of n loads to be collected), the control system 90 launches a new execution of the steps of the method. & para. [0176]: In the event of a negative response at the test step 506a, the control system returns to the step 505. In the event of a positive response at the test step 506a, the control system passes to the step507 in which it creates a new state e.sub.N=(U.sub.N, L.sub.N) starting from e=(U, L), in adding 1 to U(f) and adding, at the end of L, the load occupying the (U(f)+1).sup.th position in the sequence of loads contained in the f.sup.th source buffer device.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED ABDO ALGEHAIM whose telephone number is (571)272-3628. The examiner can normally be reached Monday-Friday 8-5PM EST.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668