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 .
Status of Claims
Claims 1-6 of U.S. Application No. 18/462046 filed on 02/12/2026 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed02/12/2026. Claims 1, & 4-6 are presently amended. Claims 1-6 are presently pending and are presented for examination.
Response to Arguments
In regards to the previous claim objections: the amendments to the claims overcome the previous claim objection(s). Therefore, the previous claim objection(s) is/are withdrawn.
In regards to the previous claim interpretation under 35 U.S.C. § 112(f): Applicant does not provide separate remarks regarding the previous 35 U.S.C. 112(f) claim interpretation. Accordingly, the previous 35 U.S.C. 112(f) claim interpretation is maintained.
In regards to the previous rejection under 35 U.S.C. § 103: Applicant argues the prior art does not disclose the limitation “the shelf includes a column having the upper tier and lower tier”. Applicant further argues on page. 6 of the remarks, “Claim 4 is amended to clarify that the sorting source box and the sorting destination box are vertically aligned within the same column of the shelf. Kimura does not disclose this single-column vertical arrangement. In Kimura, the storage box 103A and the transfer box 3101 are located in different frontages of the storage shelf 102, i.e., different horizontal positions. As shown in Kimura's Figures 31 and 33, the storage box 103A at the upper tier and the transfer box 3101 at a lower tier are not vertically aligned in the same column. Rather, Kimura's transfer boxes are placed in dedicated transfer frontages that are horizontally offset from the storage frontages where the source articles are stored. ([0219], [0220], [0235], and [0236] of Kimura). Because the sorting source and sorting destination boxes in Kimura occupy different columns of the shelf, Kimura does not teach or suggest that "the shelf includes a column having the upper tier and the lower tier" where the sorting source box and sorting destination box are both contained within that same column.”. Examiner respectfully disagrees. Applicant is reminded claims must be given their broadest reasonable interpretation. The prior art Kimura is incorporated to disclose a picking system for taking out an article stored in a shelf or a container. Kimura further discloses a robot that travels to the storage shelf and receives instructions for exchanging articles from one storage box to another storage box (see at least Kimura, para. [0218-0220]). Further Kimura shows the exchange happening between box boxes that are in the same column in view of Figure. 31-32. The Figures 31-32 show the exchange between two boxes in the same column, considering that there are no other boxes blocking the boxes where the exchange is occurring from the Figures. In view of the arguments, the 103 rejection is maintained.
Applicant’s remaining arguments with respect to the independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made in view of US 2021/0371200A1 (“Thorhallsson”).
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:
“transfer means for putting each box in or taking it out of the shelf” in claims 1, & 5-6.
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, page. 8 lines 5-20: That is, the sorting robot 140 may function as transfer means for pulling out each box 10 from the shelf 100. Alternatively, a pullout mechanism provided on the shelf 100 may also pull the box 10 halfway out.)
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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019/137543A (“Kimura”), in view of US 10865043B1 (“Garcia”), in view of US 2021/0371200A1 (“Thorhallsson”).
As per claim 1 Kimura discloses
A sorting system comprising (see at least Kimura, para. [0001]: The present invention relates to a picking system for taking out an article stored in a shelf or a container.):
a shelf in which a plurality of boxes are contained in a plurality of tiers (see at least Kimura, Fig. 31-32, & para. [0095]: The storage shelf ID 1501 is information for identifying the storage shelf 102. The storage shelf stage number 1502 is the number of stages 202 included in the storage shelf 102. The storage shelf column number 1503 is the number of columns that each shelf surface of the storage shelf 102 has. The frontage of the storage shelf 102 can be specified by the shelf surface, stage, and row of the storage shelf 102.);
transfer means for putting each box in or taking each said box out of the shelf (see at least Kimura, Fig. 31-32, & para. [0039]: The gripper 502 may be, for example, a so-called suction gripper that sucks an object using negative pressure, or may be a type of gripper that holds the object by sandwiching the object with a plurality of claws. For example, one robot arm 501B grips the storage box 103 and pulls it out from the front of the storage shelf 102, the other robot arm 501A takes out the item to be picked from the storage box 103, and then the robot arm 501B moves to the storage box 103 may be returned to the frontage and released, the sorting box 108 corresponding to the delivery destination of the article may be pulled out from the frontage of the sorting shelf 107, and the article held by the robot arm 501A may be stored in the sorting box 108.); and
a sorting robot configured to put an item in or take the item out of each box (see at least Kimura, Fig. 31-32, & para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). When the robot 110 returns the transfer box 3101 to the original position, the robot 110 transmits a transfer completion report to the overall management computer 116.), wherein
the transfer means pulls the box contained in an upper tier halfway out and the sorting robot puts in or takes the item out of each of the box contained in the upper tier and the box contained in a lower tier (see at least Kimura, Fig. 31-32, & para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). When the robot 110 returns the transfer box 3101 to the original position, the robot 110 transmits a transfer completion report to the overall management computer 116.).
However Kimura does not explicitly disclose
a sorting robot attached to the shelf,
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box.
Garcia teaches
a sorting robot attached to the shelf configured to put an item in or take the item out of each box (see at least Garcia, col. 15, lines 20-45: Further, in alternative embodiments or in some iterations of the method, the robotic manipulator122 can grasp inventory items directly from the shelfing system 106 without grasping storage containers 150 carrying the inventory items, and then can place the inventory items onto the conveyor114 without placing storage containers 150 on the conveyor 114.).
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 Kimura to incorporate the teaching of a sorting robot attached to the shelf of Garcia, with a reasonable expectation of success, in order to have a higher storage density than the conventional shelving units (see at least Garcia, col. 2 lines 5-7).
Thorhallsson teaches
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box (see at least Thorhallsson, Fig. 6 & para. [0067-0068]: FIG. 6 shows a system 43 for automatic storage, picking and packing of items, wherein the arrangement 45 of shelves 9, wherein a first 47 and second 49 sub arrangement of shelves 9 is positioned next to each other at the same side of the plane of the movement frame 17 of the robotic arm 1. Here the items may be picked more efficiently, however, fewer items can be reached by the robotic arm 1. The system 43 comprises packing boxes 51 for packing of the picked items. When the packing boxes 51 are packed, they may be moved to a trolley 53 for being collected. The shelves 9 of the trolley 53 may also be inclined, such that several packing boxes 51 may be placed on each shelf 9 of the trolley 53 simply by using the packing box 51 grabbed by the robotic arm 1 to push back the packing boxes 51 already placed on said shelf 9. The system 43 shown in this figure is thus conveyor-free, i.e. no conveyor is included in the system 43. In this way, the system 43 can easily be installed in e.g. a store without the need for installing a large conveyor system. [Examiner Note: Boxes 51 in Figure. 6 are shown to be half way out to be exchanged with articles or taken articles out.].).
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 Kimura to incorporate the teaching while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box of Thorhallsson, with a reasonable expectation of success, in order to be picked very efficiently (see at least Thorhallsson, para. [0067]).
As per claim 2 Kimura discloses
wherein the shelf is composed of a plurality of tiers and a plurality of columns (see at least Kimura, Fig. 31-32, & para. [0095]: The storage shelf ID 1501 is information for identifying the storage shelf 102. The storage shelf stage number 1502 is the number of stages 202 included in the storage shelf 102. The storage shelf column number 1503 is the number of columns that each shelf surface of the storage shelf 102 has. The frontage of the storage shelf 102 can be specified by the shelf surface, stage, and row of the storage shelf 102.), and
the plurality of columns include a column in which a box including an item to be sorted is contained and a column in which a box including a sorted item is contained (see at least Kimura, Fig. 31-32, & para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). When the robot 110 returns the transfer box 3101 to the original position, the robot 110 transmits a transfer completion report to the overall management computer 116.), and
each of the box contained in the upper tier and the box contained in the lower tier is the box including the item to be sorted, or each of the box contained in the upper tier and the box contained in the lower tier is the box including the sorted item (see at least Kimura, para. [0220-0223]: In the example of FIG. 31, when both the articles stored in the storage box 103A and the articles stored in the storage box 103B are delivered to one delivery destination, these articles are put into one sorting box 108 by sorting work. Stored. If any of the articles can be picked by the robot 110, it is possible to sort the articles in the robot work area 109 without performing the transfer as described above.).
As per claim 3 Kimura discloses
wherein at least one of the box contained in the upper tier and the box contained in the lower tier is a box in which the item is temporarily placed during a sorting work (see at least Kimura, para. [0220-0223]: In the example of FIG. 31, when both the articles stored in the storage box 103A and the articles stored in the storage box 103B are delivered to one delivery destination, these articles are put into one sorting box 108 by sorting work. Stored. If any of the articles can be picked by the robot 110, it is possible to sort the articles in the robot work area 109 without performing the transfer as described above.).
As per claim 4 Kimura discloses
the shelf includes a column having the upper tier and the lower tier, and wherein the box contained in the upper tier of the column is the box including the item to be sorted and the box stored in the lower tier of the column is the box including the sorted item, or the box stored in the upper tier of the column is the box including the sorted item and the box stored in the lower tier of the column is the box including the item to be sorted (see at least Kimura, para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). & para. [0220-0223]: In the example of FIG. 31, when both the articles stored in the storage box 103A and the articles stored in the storage box 103B are delivered to one delivery destination, these articles are put into one sorting box 108 by sorting work. Stored. If any of the articles can be picked by the robot 110, it is possible to sort the articles in the robot work area 109 without performing the transfer as described above.).
As per claim 5 Kimura discloses
A sorting method performed by a sorting system comprising (see at least Kimura, para. [0001]: The present invention relates to a picking system for taking out an article stored in a shelf or a container.):
a shelf in which a plurality of boxes are contained in a plurality of tiers (see at least Kimura, Fig. 31-32, & para. [0095]: The storage shelf ID 1501 is information for identifying the storage shelf 102. The storage shelf stage number 1502 is the number of stages 202 included in the storage shelf 102. The storage shelf column number 1503 is the number of columns that each shelf surface of the storage shelf 102 has. The frontage of the storage shelf 102 can be specified by the shelf surface, stage, and row of the storage shelf 102.);
transfer means for putting each box in or taking each said box out of the shelf (see at least Kimura, Fig. 31-32, & para. [0039]: The gripper 502 may be, for example, a so-called suction gripper that sucks an object using negative pressure, or may be a type of gripper that holds the object by sandwiching the object with a plurality of claws. For example, one robot arm 501B grips the storage box 103 and pulls it out from the front of the storage shelf 102, the other robot arm 501A takes out the item to be picked from the storage box 103, and then the robot arm 501B moves to the storage box 103 may be returned to the frontage and released, the sorting box 108 corresponding to the delivery destination of the article may be pulled out from the frontage of the sorting shelf 107, and the article held by the robot arm 501A may be stored in the sorting box 108.); and
a sorting robot configured to put an item in or take the item out of each box, the sorting method comprising, by the transfer means, pulling the box contained in an upper tier halfway out and the sorting robot putting in or taking the item out of each of the box contained in the upper tier and the box contained in a lower tier (see at least Kimura, Fig. 31-32, & para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). When the robot 110 returns the transfer box 3101 to the original position, the robot 110 transmits a transfer completion report to the overall management computer 116.).
However Kimura does not explicitly disclose
a sorting robot attached to the shelf,
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box.
Garcia teaches
a sorting robot attached to the shelf configured to put an item in or take the item out of each box (see at least Garcia, col. 15, lines 20-45: Further, in alternative embodiments or in some iterations of the method, the robotic manipulator122 can grasp inventory items directly from the shelfing system 106 without grasping storage containers 150 carrying the inventory items, and then can place the inventory items onto the conveyor114 without placing storage containers 150 on the conveyor 114.).
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 Kimura to incorporate the teaching of a sorting robot attached to the shelf of Garcia, with a reasonable expectation of success, in order to have a higher storage density than the conventional shelving units (see at least Garcia, col. 2 lines 5-7).
Thorhallsson teaches
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box (see at least Thorhallsson, Fig. 6 & para. [0067-0068]: FIG. 6 shows a system 43 for automatic storage, picking and packing of items, wherein the arrangement 45 of shelves 9, wherein a first 47 and second 49 sub arrangement of shelves 9 is positioned next to each other at the same side of the plane of the movement frame 17 of the robotic arm 1. Here the items may be picked more efficiently, however, fewer items can be reached by the robotic arm 1. The system 43 comprises packing boxes 51 for packing of the picked items. When the packing boxes 51 are packed, they may be moved to a trolley 53 for being collected. The shelves 9 of the trolley 53 may also be inclined, such that several packing boxes 51 may be placed on each shelf 9 of the trolley 53 simply by using the packing box 51 grabbed by the robotic arm 1 to push back the packing boxes 51 already placed on said shelf 9. The system 43 shown in this figure is thus conveyor-free, i.e. no conveyor is included in the system 43. In this way, the system 43 can easily be installed in e.g. a store without the need for installing a large conveyor system. [Examiner Note: Boxes 51 in Figure. 6 are shown to be half way out to be exchanged with articles or taken articles out.].).
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 Kimura to incorporate the teaching of while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box of Thorhallsson, with a reasonable expectation of success, in order to be picked very efficiently (see at least Thorhallsson, para. [0067]).
As per claim 6 Kimura discloses
A non-transitory computer readable medium storing a program for causing a computer to execute a sorting method performed by a sorting system comprising (see at least Kimura, para. [0001]: The present invention relates to a picking system for taking out an article stored in a shelf or a container. & para. [0262]: Further, each of the above-described configurations, functions, and the like may be realized by software by interpreting and executing a program that realizes each function by the processor….):
a shelf in which a plurality of boxes are contained in a plurality of tiers (see at least Kimura, Fig. 31-32, & para. [0095]: The storage shelf ID 1501 is information for identifying the storage shelf 102. The storage shelf stage number 1502 is the number of stages 202 included in the storage shelf 102. The storage shelf column number 1503 is the number of columns that each shelf surface of the storage shelf 102 has. The frontage of the storage shelf 102 can be specified by the shelf surface, stage, and row of the storage shelf 102.);
transfer means for putting each box in or taking each said box out of the shelf (see at least Kimura, Fig. 31-32, & para. [0039]: The gripper 502 may be, for example, a so-called suction gripper that sucks an object using negative pressure, or may be a type of gripper that holds the object by sandwiching the object with a plurality of claws. For example, one robot arm 501B grips the storage box 103 and pulls it out from the front of the storage shelf 102, the other robot arm 501A takes out the item to be picked from the storage box 103, and then the robot arm 501B moves to the storage box 103 may be returned to the frontage and released, the sorting box 108 corresponding to the delivery destination of the article may be pulled out from the frontage of the sorting shelf 107, and the article held by the robot arm 501A may be stored in the sorting box 108.); and
a sorting robot configured to put an item in or take the item out of each box, the sorting method comprising, by the transfer means, pulling the box contained in an upper tier halfway out and the sorting robot putting in or taking the item out of each of the box contained in the upper tier and the box contained in a lower tier (see at least Kimura, Fig. 31-32, & para. [0220]: The robot 110 pulls out the storage box 103A using one of the two arms 501 and takes out the article from the storage box 103A using the other arm 501 (FIG. 31A). Thereafter, the robot 110 returns the storage box 103A to the original position, pulls out the transfer box 3101, and stores the articles taken out from the storage box 103A in the transfer box 3101 (FIG. 31B). When the robot 110 returns the transfer box 3101 to the original position, the robot 110 transmits a transfer completion report to the overall management computer 116.).
However Kimura does not explicitly disclose
a sorting robot attached to the shelf,
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box.
Garcia teaches
a sorting robot attached to the shelf configured to put an item in or take the item out of each box (see at least Garcia, col. 15, lines 20-45: Further, in alternative embodiments or in some iterations of the method, the robotic manipulator122 can grasp inventory items directly from the shelfing system 106 without grasping storage containers 150 carrying the inventory items, and then can place the inventory items onto the conveyor114 without placing storage containers 150 on the conveyor 114.).
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 Kimura to incorporate the teaching of a sorting robot attached to the shelf of Garcia, with a reasonable expectation of success, in order to have a higher storage density than the conventional shelving units (see at least Garcia, col. 2 lines 5-7).
Thorhallsson teaches
while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box (see at least Thorhallsson, Fig. 6 & para. [0067-0068]: FIG. 6 shows a system 43 for automatic storage, picking and packing of items, wherein the arrangement 45 of shelves 9, wherein a first 47 and second 49 sub arrangement of shelves 9 is positioned next to each other at the same side of the plane of the movement frame 17 of the robotic arm 1. Here the items may be picked more efficiently, however, fewer items can be reached by the robotic arm 1. The system 43 comprises packing boxes 51 for packing of the picked items. When the packing boxes 51 are packed, they may be moved to a trolley 53 for being collected. The shelves 9 of the trolley 53 may also be inclined, such that several packing boxes 51 may be placed on each shelf 9 of the trolley 53 simply by using the packing box 51 grabbed by the robotic arm 1 to push back the packing boxes 51 already placed on said shelf 9. The system 43 shown in this figure is thus conveyor-free, i.e. no conveyor is included in the system 43. In this way, the system 43 can easily be installed in e.g. a store without the need for installing a large conveyor system. [Examiner Note: Boxes 51 in Figure. 6 are shown to be half way out to be exchanged with articles or taken articles out.].).
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 Kimura to incorporate the teaching while the box contained is in the halfway-out position, the sorting robot puts the item in or takes the item out of each of the box of Thorhallsson, with a reasonable expectation of success, in order to be picked very efficiently (see at least Thorhallsson, para. [0067]).
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668
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