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 (IDS) submitted on 04/24/2024, 09/09/2024, and 03/12/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 21-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zito et al. (US 20200121125 A1).
Regarding claim 21, Zito discloses
An automated food preparation system (robotic kitchen assistant 10, commercial fryer 230, fig.6), comprising:
a cooking apparatus (commercial fryer 230, fig.6) configured to cook consumable items, the cooking apparatus (commercial fryer 230) including at least first and second processing devices (receiving bin 232, fry baskets 234, fig.6) for the consumable items, the first and second processing devices (receiving bin 232, fry baskets 234) mounted to a reference frame (frame of commercial fryer 230);
a robot arm (robotic arm 20, fig.6) extending from a moveable base (robotic arm 20, fig.6, has a moving base) configured to be mounted to the first processing device (receiving bin 232) in a mounted orientation [robotic arm 20, fig.6, contacted to receiving bin 232], the robot arm (robotic arm 20) positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm (robotic arm 20); and
a horizontal safety zone (electronic safety fence, Par.0083) outside the horizontal robot zone, the robot arm (robotic arm 20) configured to alter a movement of the robot arm (robotic arm 20) based upon a detection of a human movement into the horizontal safety zone (electronic safety fence) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
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Regarding claim 22, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to alter a movement speed of the robot arm (robotic arm 20) based upon the detection of the human movement into the horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 23, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to stop movement of the robot arm (robotic arm 20) based upon the detection of the human movement into the horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 24, Zito discloses
the horizontal safety zone (electronic safety fence, Par.0083) comprises a first horizontal safety zone and a second horizontal safety zone, the second horizontal safety zone positioned between the first horizontal safety zone and the horizontal robot movement zone [electronic safety fence can be relocated at least at first and second location].
Regarding claim 25, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to reduce a robot arm movement speed in response to a first detection of a human movement into the first horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 26, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to further reduce a robot arm movement speed in response to a second detection of a human movement into the second horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 27, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to increase a speed of movement of the robot arm based upon a detected exit of the human from the horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 28, Zito discloses
personnel entry into the robot movement zone is restricted such that the personnel entry must pass through the horizontal safety zone to enter the robot movement zone [user can control robotic kitchen assistant 10 to perform the function].
Regarding claim 29, Zito discloses
one of a sensor or a camera (light, Par.0083) configured to detect the human movement into the horizontal safety zone [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 30, Zito discloses
a stop switch configured to deactivate movement of the robot [robotic kitchen assistant 10, fig.1, is inherently has a control switch] [Par.0062 cited: “…a display 50 include, without limitation, a monitor or touchscreen display…”].
Regarding claim 31, Zito discloses
the stop switch is positioned within one of the horizontal safety zone or the robot movement zone [robotic kitchen assistant 10, fig.1, can be is positioned within one of the horizontal safety zone].
Regarding claim 32, Zito discloses
a safety processor (display 50, fig.1) in communication with the stop switch [Par.0062 cited: “…a display 50 include, without limitation, a monitor or touchscreen display…”].
Regarding claim 33, Zito discloses
the cooking device (commercial fryer 230, fig.6) comprises one or more of a fryer (commercial fryer 230), an ingredient storage or a finishing station.
Regarding claim 34, Zito discloses
An automated food preparation system (robotic kitchen assistant 10, commercial fryer 230, fig.6), comprising:
a cooking apparatus (commercial fryer 230, fig.6) configured to cook consumable items, the cooking apparatus (commercial fryer 230) including at least first and second processing devices (receiving bin 232, fry baskets 234, fig.6) for the consumable items, the first and second processing devices (receiving bin 232, fry baskets 234) mounted to a reference frame (frame of commercial fryer 230);
a robot arm (robotic arm 20, fig.6) configured to move consumable items to and from the first processing device receiving bin 232), the robot arm (robotic arm 20) positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm (robotic arm 20); and
a horizontal safety zone (electronic safety fence, Par.0083) outside the horizontal robot zone, the robot arm (robotic arm 20) configured to reduce a robot arm movement speed based upon a detection of a movement into the horizontal safety zone (electronic safety fence) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
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Regarding claim 35, Zito discloses
entry into the robot movement zone is restricted such that the entry into the robot movement zone must pass through the horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 36, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to stop movement of the robot arm based upon the detection of the human movement into the horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”].
Regarding claim 37, Zito discloses
the robot arm (robotic arm 20, fig.6) extends from a moveable base (robotic arm 20, fig.6, has a moving base).
Regarding claim 38, Zito discloses
the moveable base (robotic arm 20, fig.6, has a moving base) is configured to be mounted to the first processing device (receiving bin 232, fig.6).
Regarding claim 39, Zito discloses
the robot arm (robotic arm 20, fig.6) is configured to increase a speed of movement of the robot arm (robotic arm 20) based upon a detected exit from the horizontal safety zone (electronic safety fence, Par.0083) [user can control robotic kitchen assistant 10 to perform the function…”].
Regarding claim 40, Zito discloses
An automated food preparation system (robotic kitchen assistant 10, commercial fryer 230, fig.6), comprising:
a cooking apparatus (commercial fryer 230, fig.6) configured to cook consumable items, the cooking apparatus (commercial fryer 230) including at least first and second processing devices (receiving bin 232, fry baskets 234, fig.6) for the consumable items, the first and second processing devices (receiving bin 232, fry baskets 234) mounted to a reference frame (frame of commercial fryer 230);
a robot arm (robotic arm 20, fig.6) extending from a moveable base (robotic arm 20, fig.6, has a moving base) configured to be mounted to the first processing device (receiving bin 232) in a mounted orientation [robotic arm 20, fig.6, contacted to receiving bin 232], the robot arm (robotic arm 20) positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm (robotic arm 20); and
a first horizontal safety zone and a second horizontal safety zone (electronic safety fence, Par.0083) [electronic safety fence can be relocated at least at first and second location], each of the first and second horizontal safety zones outside the horizontal robot zone, the second horizontal safety zone positioned between the first horizontal safety zone and the horizontal robot movement zone [electronic safety fence can be relocated];
wherein the robot arm (robotic arm 20) is configured to reduce a robot arm movement speed in response to a first detection of a human movement into the first horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”];
wherein the robot arm(robotic arm 20) is configured to further reduce a robot arm movement speed in response to a second detection of a human movement into the second horizontal safety zone (electronic safety fence, Par.0083) [Par.0083 cited: “…electronic safety fence that uses light to detect the presence of human kitchen workers in a given area is used…”]; and
wherein entry into the robot movement zone is restricted such that the entry into the robot movement zone must pass through the first horizontal safety zone and the second horizontal safety zone [user can control robotic kitchen assistant 10 to perform the function].
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11882964 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other. See below.
Present application 18400111
U.S. Patent No. 11882964 B2
21. An automated food preparation system, comprising: a cooking apparatus configured to cook consumable items, the cooking apparatus including at least first and second processing devices for the consumable items, the first and second processing devices mounted to a reference frame; a robot arm extending from a moveable base configured to be mounted to the first processing device in a mounted orientation, the robot arm positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm; and a horizontal safety zone outside the horizontal robot zone, the robot arm configured to alter a movement of the robot arm based upon a detection of a human movement into the horizontal safety zone.
22. The system of claim 21, wherein the robot arm is configured to alter a movement speed of the robot arm based upon the detection of the human movement into the horizontal safety zone.
23. The system of claim 21, wherein the robot arm is configured to stop movement of the robot arm based upon the detection of the human movement into the horizontal safety zone.
24. The system of claim 21, wherein the horizontal safety zone comprises a first horizontal safety zone and a second horizontal safety zone, the second horizontal safety zone positioned between the first horizontal safety zone and the horizontal robot movement zone.
25. The system of claim 24, wherein the robot arm is configured to reduce a robot arm movement speed in response to a first detection of a human movement into the first horizontal safety zone.
26. The system of claim 25, wherein the robot arm is configured to further reduce a robot arm movement speed in response to a second detection of a human movement into the second horizontal safety zone.
27. The system of claim 21, wherein the robot arm is configured to increase a speed of movement of the robot arm based upon a detected exit of the human from the horizontal safety zone.
28. The system of claim 21, wherein personnel entry into the robot movement zone is restricted such that the personnel entry must pass through the horizontal safety zone to enter the robot movement zone.
29. The system of claim 21, further comprising one of a sensor or a camera configured to detect the human movement into the horizontal safety zone.
30. The system of claim 21, further comprising a stop switch configured to deactivate movement of the robot.
31. the system of claim 30, wherein the stop switch is positioned within one of the horizontal safety zone or the robot movement zone.
32. The system of claim 30, further comprising a safety processor in communication with the stop switch.
33. The system of claim 21, wherein the cooking device comprises one or more of a fryer, an ingredient storage or a finishing station.
34. An automated food preparation system, comprising: a cooking apparatus configured to cook consumable items, the cooking apparatus including at least first and second processing devices for the consumable items, the first and second processing devices mounted to a reference frame; a robot arm configured to move consumable items to and from the first processing device, the robot arm positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm; and a horizontal safety zone outside the horizontal robot zone, the robot arm configured to reduce a robot arm movement speed based upon a detection of a movement into the horizontal safety zone.
35. The system of claim 34, wherein entry into the robot movement zone is restricted such that the entry into the robot movement zone must pass through the horizontal safety zone.
36. The system of claim 34, wherein the robot arm is configured to stop movement of the robot arm based upon the detection of the human movement into the horizontal safety zone.
37. The system of claim 34, wherein the robot arm extends from a moveable base.
38. The system of claim 37, wherein the moveable base is configured to be mounted to the first processing device.
39. The system of claim 34, wherein the robot arm is configured to increase a speed of movement of the robot arm based upon a detected exit from the horizontal safety zone.
40. An automated food preparation system, comprising: a cooking apparatus configured to cook consumable items, the cooking apparatus including at least first and second processing devices for the consumable items, the first and second processing devices mounted to a reference frame; a robot arm extending from a moveable base configured to be mounted to the first processing device in a mounted orientation, the robot arm positioned within a horizontal robot movement zone encompassing a field of movement of the robot arm; and a first horizontal safety zone and a second horizontal safety zone, each of the first and second horizontal safety zones outside the horizontal robot zone, the second horizontal safety zone positioned between the first horizontal safety zone and the horizontal robot movement zone; wherein the robot arm is configured to reduce a robot arm movement speed in response to a first detection of a human movement into the first horizontal safety zone; wherein the robot arm is configured to further reduce a robot arm movement speed in response to a second detection of a human movement into the second horizontal safety zone; and wherein entry into the robot movement zone is restricted such that the entry into the robot movement zone must pass through the first horizontal safety zone and the second horizontal safety zone.
1. An automated food preparation system, comprising: a cooking apparatus configured to cook consumable items, the cooking apparatus including at least first and second processing devices for the consumable items, the first and second processing devices mounted to a reference frame; a robot arm extending from a moveable base configured to be mounted to the first processing device; a first frame position locator fixed to the reference frame at a first horizontal position; and a second frame position locator fixed to the reference frame at a second horizontal position; wherein the robot arm is configured, based on the first horizontal position and the second horizontal position, to determine robot arm movements to move the consumable items to and from the first processing device.
2. The system of claim 1, wherein the moveable base comprises a rail, the robot arm configured to translate along the rail.
3. The system of claim 1, wherein the robot base includes one or more lifts configured to elevate the movable base from a floor surface.
4. The system of claim 1, wherein the first processing device comprises a fryer.
5. The system of claim 4, wherein the second processing device comprises one of an ingredient storage or a finishing station.
6. The system of claim 4, the cooking apparatus including a third processing device, wherein the second processing device comprises an ingredient storage, wherein the third processing device comprises a finishing station.
7. The system of claim 1, wherein the first frame position locator comprises a pin extending through a rail pinhole and a first processing device pinhole.
8. The system of claim 7, wherein the second frame position locator comprises a mounting block defining a fixed horizontal distance between the rail and the first processing device.
9. The system of claim 8, wherein the mounting block comprises a magnet, the first processing device and the rail comprising a magnetically susceptible material.
10. The system of claim 1, further comprising: a horizontal robot arm movement zone encompassing a field of movement of the robot arm; and at least one horizontal safety zone outside the horizontal robot zone, the robot arm configured to alter a movement of the robot arm based upon a detection of a human movement into the horizontal safety zone.
11. The system of claim 10, wherein the robot arm is configured to alter a movement speed of the robot arm based upon the detection of the human movement into the horizontal safety zone.
12. The system of claim 10, wherein the at least one horizontal safety zone includes a first horizontal safety zone and a second horizontal safety zone, second horizontal safety zone positioned between the first horizontal safety zone and the horizontal robot arm movement zone, the wherein the robot arm is configured to make first and second alterations to the robot arm movement based upon the human movement in the first and second horizontal safety zones, respectively.
13. The system of claim 12, wherein the first alteration is a reduction in robot arm movement speed, and the second alteration is a further reduction in robot arm movement speed.
14. The system of claim 13, wherein the second alteration includes a stoppage of robot arm movement.
15. The system of claim 10, wherein the robot arm is configured to increase a speed of movement of the robot arm based upon a detected exit of the human from the horizontal safety zone.
16. The system of claim 1, further comprising an end effector of the robot arm, the end effector having first and second lead-in guides, the lead-in guides each having one or more ramped surfaces to center a consumable item carrier arm.
17. The system of claim 16, wherein the end effector comprises one or more gripper paddles configured to push the consumable item carrier arm into a base of the lead-in guides.
18. The system of claim 17, wherein the one or more gripper paddles include two gripper paddles configured to contact opposing sides of the consumable item carrier arm.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rasmussen et al. (US 5189944) is a relevant prior art in field of an automatic cooking apparatus, as shown in fig.1, having a cooking apparatus and a robot arm…, but does not specific disclose a horizontal safety zone outside the horizontal robot zone, the robot arm configured to alter a movement of the robot arm based upon a detection of a human movement into the horizontal safety zone…
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/14/2026