DETAILED ACTION
The Amendment filed 8/24/2026 has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 15 recites “an extraction means” (from independent claim 11) and “a tilting mechanism”. However, according to the disclosure as filed, the “extraction means” is the “tilting mechanism”. The specification does not disclose “an extraction means” and a separate “tilting mechanism”
Claim Objections
Claims 11-13 and 15-20 are objected to because of the following informalities: independent claim 11 recites, “comprising configured”. 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 11-13 and 15-20 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 11 recites the limitation “the presentation line” without proper antecedent basis in the claim. Claim 15 recites both an “extraction means” and a “tilting mechanism”. However, the disclosure states that the “extraction means” is the “tilting mechanism”. How many mechanisms does claim 15 require?
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 11-13 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linge et al. (ES 2366691 T3…cited paragraph numbers refer to previously provided English translation).
Regarding independent claim 11, Linge discloses an order preparation station for manually transferring articles from at least one product container to at least one order container by an order operator, the order preparation station comprising: a main line (see Fig. 1, 19 lower run/path or see Fig. 7, 45 ) for transporting the at least one product container (21), wherein the product container is provided with a plurality of different product units; a double presentation line (see Fig. 1, 19 upper run/path or see Fig. 7, 58, paras. 0046-0049) for receiving product containers such that two product containers are extracted from the main line and arranged on the presentation line, where, from the product presentation line, the order operator can remove the required product units from the product containers; an extraction means (see at least paras. 0035, 0044, 0047, or see Fig. 7, 57) for extracting the container configured for extracting the product container from the main line and for transporting it to the presentation line; an order management system (47) for indicating to the operator the units to be removed from the product container, the order management system comprising an information screen (53); and an order preparation line (7, 9, 11, 13) comprising order stations fed with order containers in which the order operator selectively deposits the product units extracted from the product container; wherein an incoming transporter (see at least paras. 0016, 0024) connected to a global transport system (see at least paras. 0016, 0024) of a facility, prepared to receive the order containers coming from the global transport system of the facility; and a sequencing cart (37/31, paras. 0024, 0040) comprising configured to receive each order container from the incoming transporter and to transfer and distribute the order containers one by one from the incoming transporter to respective order stations of the order preparation line; wherein the order management system is configured to indicate to the order operator the number of product units extracted from the product container that must be deposited in each of the order containers (see at least para. 0051).
Regarding dependent claims 12, 13, and 15-19, Linge discloses that the order preparation line is parallel to the main line and, at the same time, is adjacent to the presentation line (see at least Fig. 1). The main line is in a higher position measured with respect to the vertical than the order preparation line (see at least Fig. 7). The presentation line comprises a tilting mechanism (see at least paras. 0023, 0036, 0047, 0049, Fig. 7) configured for tilting the product container arranged on the presentation line. The extraction means for extracting (see at least Fig. 5 and para. 0035 “lifting device”, paras. 0023, 0036, 0047, 0049) the container comprise tilting means configured for tilting the product container during the displacement towards the presentation line or on the presentation line. The order management system comprises a pick-to-light (PTL) system arranged in each order container station configured for indicating to the operator the order container in which the product unit removed from the product container must be deposited (see at least paras. 0050-0051 and Fig. 8). The order management system comprises a validation button (55) arranged in a position opposite each order container station such that, once the preparation of the order is complete, the order operator confirms the process by pressing the validation button. The sequencing cart is configured to remove the order container from the order station and transfer it to an outgoing transporter which, in turn, is connected to the transport system of the facility (see at least paras. 0037, 0040, 0043).
Claim Rejections - 35 USC § 103
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linge et al. (ES 2366691 T3…cited paragraph numbers refer to provided English translation) in view of Parvizian et al. (US 2011/0061972). Linge discloses an order preparation station for manually transferring articles from at least one product container to at least one order container by an order operator, the order preparation station comprising: a main line (see Fig. 1, 19 lower run/path or see Fig. 7, 45 ) for transporting the at least one product container (21), wherein the product container is provided with a plurality of different product units; a double presentation line (see Fig. 1, 19 upper run/path or see Fig. 7, 58, paras. 0046-0049) for receiving product containers such that two product containers are extracted from the main line and arranged on the presentation line, where, from the product presentation line, the order operator can remove the required product units from the product containers; an extraction means (see at least paras. 0035, 0044, 0047, or see Fig. 7, 57) for extracting the container configured for extracting the product container from the main line and for transporting it to the presentation line; an order management system (47) for indicating to the operator the units to be removed from the product container, the order management system comprising an information screen (53); and an order preparation line (7, 9, 11, 13) comprising order stations fed with order containers in which the order operator selectively deposits the product units extracted from the product container; wherein an incoming transporter (see at least paras. 0016, 0024) connected to a global transport system (see at least paras. 0016, 0024) of a facility, prepared to receive the order containers coming from the global transport system of the facility; and a sequencing cart (37/31, paras. 0024, 0040) comprising configured to receive each order container from the incoming transporter and to transfer and distribute the order containers one by one from the incoming transporter to respective order stations of the order preparation line; wherein the order management system is configured to indicate to the order operator the number of product units extracted from the product container that must be deposited in each of the order containers (see at least para. 0051). Linge discloses all the limitations of the claim, but it does not disclose a height- adjustable platform on which the order operator is located. However, Parvizian discloses a similar device which includes a height-adjustable platform on which an operator of a station is located for the purpose of permitting operators of various heights to use the station. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to include a height- adjustable platform on which the order operator is located, as disclosed by Parvizian, for the purpose of permitting operators of various heights to use the station.
Response to Arguments
Applicant's arguments filed 8/24/2026 have been fully considered but they are not persuasive.
In response to the applicant’s remarks regarding the objection to the specification because it does not disclose what is recited in claim 15, and the rejection under 35 USC 112(b) of claim 15, the examiner notes that claim 15 requires an extraction means and a tilting mechanism. This arrangement is not described in the specification. The number and possibilities of alternative “extraction means” is not relevant to the objection or rejection. The specification describes only one “extraction means” which can be a tilting mechanism. The specification does not describe an “extraction means” separate from the tilting mechanism.
The applicant states that Linge does not disclose “a double presentation line for receiving product containers, such that two product containers are extracted from the main line and arranged on the presentation line” as recited in the independent claim. The examiner disagrees with the applicant. At least in paras. 0046-0049, and in Figs. 1 and 7, Linge discloses “a double presentation line for receiving product containers, such that two product containers are extracted from the main line and arranged on the presentation line.”
The applicant states that Linge does not disclose “a sequencing cart comprising configured to receive each order container from the incoming transporter and to transfer and distribute the order containers one by one from the incoming transporter to respective order stations of the order preparation line” as recited in the independent claim. The examiner disagrees with the applicant. At least in paras. 0024 and 0040, Linge discloses a sequencing cart comprising configured to receive each order container from the incoming transporter and to transfer and distribute the order containers one by one from the incoming transporter to respective order stations of the order preparation line
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/ Primary Examiner, Art Unit 3653
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