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 .
Drawings
The drawings are objected to because many of the drawings are blurry and of poor quality, resulting in a lack of clarity, sharpness and detail in order to distinguish what is being referenced. For example; in Figure 2A, Examiner is unable to clearly read the text in the boxes, and in Figure 32 Examiner is unable to determine what some of the reference numbers are referring to due to the distortion in the image quality. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 00227, line 4; the phrase “The a motor 306” appears that it should be “The motor 306”.
Appropriate correction is required.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Girtman (United States Patent Application US 2018222695A9).
Regarding Claim 1, Girtman teaches A linear organizer apparatus for a bagger system, the linear organizer apparatus comprising: an input transport mechanism configured to receive at least one container;(Paragraph 0002: "The present disclosure relates generally to an apparatus for handling products, and is more particularly directed to an automatic case unloader designed to unload product, such as cardboard cases of various sizes, from within a trailer.") and a funneling transport mechanism including a left conveyor belt and a right conveyor belt(Figure 46: Descrambler 4600) each having an upper end and a lower end, wherein the lower end of the left conveyor belt is in close proximity to the lower end of the right conveyor belt, and the left conveyor belt and the right conveyor belt form a v-shape configured to guide the at least one container to an exit.(Figure 49: Descrambler 4900 with angled sides 4902a and 4902b).
Regarding Claim 2, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses wherein the input transport mechanism is a conveyor belt.(Figure 44A: Front end descrambler 4420)
Regarding Claim 3, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses wherein the v-shape created by the left conveyor belt and the right conveyor belt is configured to orient the at least one container to lie parallel to the funneling transport mechanism.(Paragraph 0239: " In some embodiments, the various rows of rollers of a herringbone-type central descrambler of a robotic carton unloader's conveyor system may include rollers that are angled (or sloped inward) so that their horizontal axes are not parallel with the floor of an unloading area (e.g., the floor of a truck trailer). Such angled rollers may promote the movement of items (e.g., cartons) toward the center of the conveyor system, thus improving descrambling efforts. FIG. 49 illustrates angled rollers 4902 a , 4902 b of an embodiment herringbone-type central descrambler 4900 . As described above, the rollers 4902 a , 4902 b may be joined in the center at a center line 4920 that bisects the herringbone-type central descrambler 4900 lengthwise. The rollers 4902 a , 4902 b may be angled so that their axes are not parallel with a ground plane 4930 . For example, the first roller 4902 a may be angled on an axis 4912 that is rotated a number of degrees (shown as angle ‘a’ 4914 ) from another axis 4910 parallel with the ground plane 4930 . Due to the angled configuration, the rollers 4902 a , 4902 b may have an outer height (i.e., a height near the outer edge 4917 of the herringbone-type central descrambler 4900 ) that is greater than their inner height (i.e., height at the center line 4920 of the herringbone-type central descrambler 4900 ). Such a height difference is illustrated with the distance 4916 (‘h’ in FIG. 49), indicating that the outer height of the first roller 4902 a is greater than the inner height of the first roller 4902 a . In some embodiments, such a height difference may be approximately ¾ of an inch. In some embodiments, items (e.g., cartons, boxes) may spin (or pinwheel) more when rollers of the herringbone-type central descrambler 4900 are not sloped (i.e., the rollers are flat).")
Regarding Claim 4, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses further comprising at least one bumper rod affixed above the left conveyor belt and the right conveyor belt configured to guide the at least one container towards the lower ends of the left conveyor belt and the right conveyor belt.(Figure 59A: Guides 5930a and b)
Regarding Claim 5, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses further comprising at least one fin located between the lower ends of the left conveyor belt and the right conveyor belt configured to guide the at least one container along the funneling transport mechanism.(Figure 46: Center line 4620, wherein Paragraph 0222: "Conveyor rollers 4612 may be configured in rows and zones to bias items (e.g., cartons, boxes, etc.) being moved by the herringbone-type central descrambler 4600 . In particular, the conveyor rollers 4612 may be aligned (or angled) to cause items to be carried inward towards a center line 4620 of the herringbone-type central descrambler 4600 , and to separate or singulate the items. The center line 4620 may bisect the herringbone-type central descrambler 4600 lengthwise along the direction of movement of the items. For example, when the herringbone-type central descrambler 4600 comprises both the center conveyor 4601 and the rear conveyor 4602 , both the center conveyor 4601 and rear conveyor 4602 may be bisected lengthwise by the center line 4620 .")
Regarding Claim 6, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses further comprising a second funneling transport mechanism including a second left conveyor belt and a second right conveyor belt configured to receive the at least one container from the funneling transport mechanism, wherein each of the second left conveyor belt and second right conveyor belt has an upper end and a lower end, wherein the lower end of the second left conveyor belt is in close proximity to the second lower end of the right conveyor belt, and the second left conveyor belt and the second right conveyor belt form a v-shape configured to guide the at least one container to the exit.(Figure 46: Shows a center conveyor 4601 and rear conveyor 4602)
Regarding Claim 7, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses wherein the exit is configured to direct the at least one container from the funneling transport mechanism to a transport tube or an infeed loop apparatus.(Paragraph 0091: " FIGS. 1-6 generally show an embodiment of a robotic carton unloader 100 for unloading cartons 12 from within a truck or semi-trailer 10 . For instance, robotic carton unloader 100 may be configured to be driven into semi-trailer 10 , dislodge or remove cartons 12 from carton wall or carton pile 11 stacked on floor 18 of semi-trailer 10 , and transfer or unload the dislodged cartons 12 from semi-trailer 10 . Cartons 12 may then be transferred into a store, warehouse or distribution center unloading bay. Cartons 12 may be any kind of product container for conveying products such as, but not limited to, cardboard cartons. Robotic carton unloader 100 may include a mobile body 120 sized and configured to be driven in and out of semi-trailer 10 . Robotically controlled carton remover system 160 may be positioned on mobile body 120 and may extend from mobile body 120 toward carton pile 11 to dislodge and unload cartons 12 from carton pile 11 . For instance, robotically controlled carton remover system 160 may dislodge and unload cartons 12 from a front and a top of carton pile 11 . Carton guide system 175 may be located adjacent to (e.g., below) carton remover system 160 to catch cartons 12 as they are dislodged from pile 11 . Carton guide system 175 may also guide cartons 12 onto and along conveyor system 135 that may extend from one end of robotic carton unloader 100 to the other end of robotic carton unloader 100 . Conveyor system 135 may discharge unloaded cartons 12 at the end portion of robotic carton unloader 100 for collection (e.g., by laborers) or to a distribution center conveyor 19 . Control and visualization system 180 may be provided to control and automate the unloading process, and to operate robotic carton unloader 100 . Each of these components will be discussed in further detail below.")
Regarding Claim 8, Girtman discloses the linear organizer apparatus of claim 1, as seen above. Girtman further discloses wherein the exit is configured to direct the at least one container from the funneling transport mechanism to a tote elevator.(Paragraph 0091: " FIGS. 1-6 generally show an embodiment of a robotic carton unloader 100 for unloading cartons 12 from within a truck or semi-trailer 10 . For instance, robotic carton unloader 100 may be configured to be driven into semi-trailer 10 , dislodge or remove cartons 12 from carton wall or carton pile 11 stacked on floor 18 of semi-trailer 10 , and transfer or unload the dislodged cartons 12 from semi-trailer 10 . Cartons 12 may then be transferred into a store, warehouse or distribution center unloading bay. Cartons 12 may be any kind of product container for conveying products such as, but not limited to, cardboard cartons. Robotic carton unloader 100 may include a mobile body 120 sized and configured to be driven in and out of semi-trailer 10 . Robotically controlled carton remover system 160 may be positioned on mobile body 120 and may extend from mobile body 120 toward carton pile 11 to dislodge and unload cartons 12 from carton pile 11 . For instance, robotically controlled carton remover system 160 may dislodge and unload cartons 12 from a front and a top of carton pile 11 . Carton guide system 175 may be located adjacent to (e.g., below) carton remover system 160 to catch cartons 12 as they are dislodged from pile 11 . Carton guide system 175 may also guide cartons 12 onto and along conveyor system 135 that may extend from one end of robotic carton unloader 100 to the other end of robotic carton unloader 100 . Conveyor system 135 may discharge unloaded cartons 12 at the end portion of robotic carton unloader 100 for collection (e.g., by laborers) or to a distribution center conveyor 19 . Control and visualization system 180 may be provided to control and automate the unloading process, and to operate robotic carton unloader 100 . Each of these components will be discussed in further detail below.").
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over Girtman (United States Patent Application US 2018222695A9) in view of Zhao (United States Patent US 11104527B1).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Girtman (United States Patent Application US 2018222695A9) in view of Szesko (United States Patent US8262842B2).
Regarding Claim 9, Girtman discloses the linear organizer apparatus of claim 1, as seen above.
However, Girtman does not discloses further comprising at least one tote dumper including at least one tote configured to release at least one container onto the input transport mechanism, the at least one tote dumper having a holding position and a dropping position.
Zhao discloses a similar tote flipper further comprising at least one tote dumper including at least one tote configured to release at least one container onto the input transport mechanism,(Figure 3: Tote flipper tool 106) the at least one tote dumper having a holding position and a dropping position.(Figures 4A-4D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Girtman to incorporate the teachings of a tote flipper of Zhao The motivation for the modification would have been to allow for an automated system for unloading items from a tote or container for further processing (Column 1, lines 5-18).
Regarding Claim 10, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Zhao further discloses wherein the tote dumper comprises: a supporting member including at least one hole;(Figure 2A: Mounting plate 220)a dowel coupled to a motor, the dowel threaded through the at least one hole of the supporting member; the motor configured to rotate the dowel; and(Figure 2A: Motor 110 and shaft 218)at least one arm member configured to hold the at least one tote.(Figure 2A: Arms 212A and B)
Regarding Claim 11, Girtman in view of Zhao disclose the linear organizer apparatus of claim 10, as seen above. Zhao further discloses wherein in the holding position the at least one arm member supports the at least one tote such that the container held within the at least one tote does not fall out of the at least one tote, and in the dropping position the motor is configured to rotate the dowel about a horizontal axis such that the container held within the at least one tote falls out of the at least one tote.(Figures 4A-4D)
Regarding Claim 12, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Girtman further discloses wherein the input transport mechanism is a conveyor belt with cleats, each cleat containing the at least one container located in each at least one tote.(Paragraph 0193: "In some embodiments, the bias can merge items traveling thereon away from the walls of the central descrambler 3702 and/or the front-end descrambler 3710 and towards their centers by having rollers adjacent to each wall and angled in different directions that bias an item towards a center line of the various belts or rows. One conveyor having these features is the ARB™ Merge 4000 manufactured and sold by Intralox, L.L.C. of Harahan, La., USA. In some embodiments, a plurality of guides 3716 a , 3716 b may extend along the sides of the front-end descrambler 3710 . Guides 3716 a , 3716 b may be angled as shown to guide items along the conveyor system 3700 .", wherein adding a cleat to the belts would be an obvious possible modification in the art such as the guides)
Regarding Claim 13, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Zhao further discloses wherein the at least one tote is configured to receive and hold at least one container while the at least one tote dumper is in the holding position.(Column 1, lines 49-62: " Embodiments describe an automated system for unloading items (or contents) from a tote (also referred to as a container, receptacle, bin, and the like). The system includes a tote flipper tool (or machine), which is configured to rotate incoming totes of varying product payloads and smoothly dump the contents onto a receiving surface (e.g., a conveyor belt, table, etc.). The tote flipper tool is equipped with two coordinated rotary axes: an arm axis and a door axis. The arm axis is configured to pick up and flip (or rotate) a tote, while the door axis controls a door assembly on the top of the tote to prevent the items within the tote from falling out when the tote is flipped. The door axis also controls the door assembly to provide a mechanical off-ramp (or chute) for the items as the items are delivered to the receiving surface.")
Regarding Claim 14, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Zhao further discloses wherein the at least one tote is configured to release the at least one container and remain on the tote dumper while the at least one tote dumper is in the dropping position.(Column 1, lines 49-62: " Embodiments describe an automated system for unloading items (or contents) from a tote (also referred to as a container, receptacle, bin, and the like). The system includes a tote flipper tool (or machine), which is configured to rotate incoming totes of varying product payloads and smoothly dump the contents onto a receiving surface (e.g., a conveyor belt, table, etc.). The tote flipper tool is equipped with two coordinated rotary axes: an arm axis and a door axis. The arm axis is configured to pick up and flip (or rotate) a tote, while the door axis controls a door assembly on the top of the tote to prevent the items within the tote from falling out when the tote is flipped. The door axis also controls the door assembly to provide a mechanical off-ramp (or chute) for the items as the items are delivered to the receiving surface.")
Regarding Claim 15, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Zhao further discloses wherein the at least one tote receives the at least one container from a container routing mechanism.(Column 1, lines 7-18: " Many facilities (e.g., warehouses, plants, distribution centers, storehouses, factories, etc.) perform tasks such as storing items, packaging items, shipping items, and the like. Such facilities generally use totes (or containers) to transport items to different locations inside and/or outside the facility. When a tote reaches its destination, the items are unloaded for further processing (e.g., downstream processing, upstream processing, etc.). For example, a tote may be loaded (or filled) with items from a loading dock and transported to a storage location in the facility. In another example, a tote may be retrieved from storage and transported to a location in preparation for shipping.)
Regarding Claim 16, Girtman in view of Zhao disclose the linear organizer apparatus of claim 15, as seen above.
Zhao discloses the claimed invention except for explicitly stating that the loading or filling station at the loading dock comprises a mechanical arm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a mechanical arm in the loading/filling process, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192. Further, Zhao discloses that a tote may be loaded or filled with items from a loading dock, and using mechanical loaders in loading dock systems is an obvious modification and very commonly known in the art.
Regarding Claim 17, Girtman in view of Zhao disclose the linear organizer apparatus of claim 9, as seen above. Zhao further discloses wherein the at least one tote is routed to the at least one tote dumper by a transport mechanism.(Figure 5: Conveyor section 520)
Regarding Claim 18, Girtman in view of Zhao disclose the linear organizer apparatus of claim 17, as seen above. Zhao further discloses wherein the transport mechanism is a conveyor belt.(Figure 5: Conveyor section 520)
Regarding Claim 19, Girtman in view of Zhao disclose the linear organizer apparatus of claim 17, as seen above. Zhao further discloses wherein the transport mechanism is a tote elevator.(Figure 5: Conveyor section 520)
Regarding Claim 20, Girtman discloses the linear organizer apparatus of claim 1, as seen above.
However, Girtman does not disclose further comprising at least one scanner is configured to read bar codes on the at least one container, the at least one scanner being further configured to: read container information located on an outer surface of the at least one container, and determine whether the container information matches container information located in a fulfillment database.
Szesko discloses a similar verifying system further comprising at least one scanner is configured to read bar codes on the at least one container, the at least one scanner being further configured to: read container information located on an outer surface of the at least one container, and determine whether the container information matches container information located in a fulfillment database.(Column 30, lines 21-31: "In block 425 , the product barcode 28 on each product 14 is read and verified at the PVR 1 station 26 . If the product barcode 28 fails to correlate with the expected product 14 (i.e., the barcode 28 is unexpected) or if the product barcode 28 is unreadable, then control is transferred from block 425 to block 430 . In block 430 , the product 14 is diverted to the reject bin 54 of the first reject station. If the product barcode 28 is readable and correlates with the expected product 14 , then control is transferred from block 425 to block 435 in which the product 14 is permitted to be conveyed on the product conveyor 40 to the LPVA station 29 .").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Girtman to incorporate the teachings of a scanner system of Szesko. The motivation for the modification would have been to allow for an improved system and method for automatically labeling, verifying and handling products that constitute customers’ orders (Columns 1-2, lines 60-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent US 5,170,880 (Low, John): This patent has been deemed pertinent due to its similarities between claims 1-20. Low teaches a similar sorting system comprising a transport belt with first and second portions spaced apart for receiving and carrying items previously singulated into serial streams, as seen in Figure 1.
United States Patent Application US 2007/0068772 A1 (Bahr, Timothy): This patent application has been deemed pertinent due to its similarities between claims 1-20. Bahr teaches a similar conveyor system comprising a plurality of conveyor assemblies linearly arranged in order to move and singulate products, as seen in Figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABBY ALLURA JORGENSEN whose telephone number is (571)270-7124. The examiner can normally be reached M-F 8-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABBY A JORGENSEN/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651