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 .
Response to Arguments
Applicant's arguments filed in the response filed on Page 8, Para. 2 received August 12, 2026 have been fully considered but they are not persuasive. Applicants asserts that neither Jones nor Voille teach the transportable testing gauge module or and the transportable scanning module. Applicant asserts that Voille only teaches “conveying modules” and does not comprise any testing gauge or scanning module at all.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In the office action, Jones provides the testing gauge module (see sensor system 130 positioned along and/or used in combination with a conveyor system 150, Para. 0018)(Fig. 1). However, the disclosed testing gauge module is not described as transportable. Violle is used to teach the transportability of the testing gauge module disclosed in Jones and is not used to teach a testing gauge module or scanning module.
The conveying sections of the conveyor system 150, which may include conveyor belts and other types of conveying devices for transporting the containers (Para. 0023), are coupled to/associated with various sensors of the sensing system 130 for detecting the containers in the conveying area or section for routing purposes. (See Fig. 2, see also the conveyor system, 530, Fig. 5).
Violle is an example of a typical modular conveyor assembly and comprises a belt or rollers for moving objects (see Fig. 1)(Para. 0081). In Voille, the conveyor modules are transportable (Para. 0049).
A person of ordinary skill in the art would know to implement the modular, transportable conveying assembly (see Fig. 1) of Violle with the conveying system 150/sensing system 130 of Jones to provide at least a transportable, testing gauge module (that is a configured to detect a deviation of a shape in a storage bin from a standard shape) and a transportable scanning module comprising a label scanner as claimed.
The sensor system 130 comprises various sensors for collecting various data from containers, Para. 0022, and can be positioned over a receptacle portion (140)(Fig. 1) of the conveying system, or located further downstream on the conveying system (150)(Para. 0022).
Applicant's arguments filed on Page 9, Para. 3 received August 12, 2026 have been fully considered but they are not persuasive. Applicant asserts that Violle does not disclose the testing assembly is configured to determine a deviation of a shape of any storage bin from a predetermined standard shape and generate a gauge signal dependent on the determined deviation, or a movable module comprising a label scanner having a field of view that can output a signal dependent on a label in the field of view and located on any storage bin as claimed.
As mentioned above, Voille is not used to teach testing or scanning module, but is used to teach the transportability of testing and scanning modules.
Applicant's arguments filed on Page 10, Para. 2 have been fully considered but they are not persuasive. Applicant asserts that there is no motivation to combine the fixed testing gauge or fixed scanning module of Jones to be transportable reconfigurable modules as taught in Violle.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Voille teaches conveying modules (3) that can be assembled and dissembled by an operator to adjust a conveying path (Para. 0097). The conveying modules are therefore transportable for assembly/movement in a facility such as warehouses, sorting centers, logistical centers, cargo terminals, etc., (Para. 0002)(See Fig. 1, Para. 0097).
Providing a transportable testing gauge or scanning module in Jones allows the portion of the conveying system 150 having the sensor(s) for sensing a shape/dimension or label of the storage bin to be easily dissembled/assembled at any location within the order fulfilment facility, or to be transported to another location in the facility based on the various needs of the system.
For instance, the order fulfillment facility of Jones comprises storage systems or areas (160), consolidation system or area (170), recycling area, receptacle portion (140)(Fig. 1) for routing containers (Para. 0023). A person of ordinary skill in the art would have found it obvious to provide and/or transport a testing gauge or scanning module or section of the conveyor system (150) having the corresponding sensors to another location in the conveyor system (150) in the facility, such as a consolidation area (170) for consolidating products or filling containers for customer orders (Para. 0025), or another receptacle portion/area (140), to detect for shape deviation and/or labels at that location.
Moreover, providing modular and transportable conveying sections (which is well known in the art of conveying devices, like conveying belts in logistics facilities) allows for sections of the conveyor to be replaced due to wear and tear, or reconfigured to adjust a conveying path, without stopping the transportation of materials on the other parts of the conveying system, thereby reducing downtime. See MPEP §2144.04 V(C).
Additionally, regarding the transportability of the testing gauge and scanning modules or sections of Jones, the reference broadly discloses that the conveying system (130) includes various conveying devices such as automated conveyor systems, conveyor belts, mechanical arms, motorized movable units, unmanned motored units, pushcarts, etc. for moving and sorting containers received from the receptacle 140 (Para. 0023). Thus, the conveying system (150) is not limited to a conveyor belt, but may include motorized movable units, unmanned motored units, and pushcarts for moving containers, each of which are considered transportable modules.
On Page 13, Para. 2, Applicant asserts that neither Jones nor Voille discloses the transportable testing gauge module comprising a testing assembly configured to determine a deviation of a shape of any storage bin from a predetermined standard shape. Applicant states that Jones only measures the dimensions and not a deviation from a standard shape.
Jones has sensors coupled to conveying sections for measuring the physical dimensions of a container such as container width, height, length, volume, capacity and the like (Para. 0030). Other data captured by the sensors (130) include a container shape (Para. 0032), a container type (Para. 0032), a container identifier (Para. 0029), a container weight (Para. 0032), and markings on the containers (Para. 0022; 0032).
Jones also captures images to sense whether a container is dented, broken, or wet and detects for issues in the shape to indicate damage to a container (Para. 0031). Detecting whether a container is dented, broken, or has issues in the shape indicating damage is determining a deviation from an expected shape of an undamaged container. The expected shape of a container is a predetermined standard shape. Detecting that a container is broken or dented is determining a deviation from a predetermined, standard shape, because the standard shape is the shape of an undamaged container that type is supposed to have (Para. 0031).
On Page 15, Para. 3, Applicant states that Jones does not disclose a transportable scanning module comprising a label scanner as claimed. Instead, Applicant asserts that Jones only discloses a sensor system for detecting markings such as logos or shipping labels, and does not include outputting an identification signal dependent on a label…located on any storage bin” as claimed. Applicant also asserts that the sensors in Jones only detect the presence or absence of the label, but does not require any identification signal.
The claim requires a label scanner having a field of view and being configured to output an identification signal dependent on a label in the field of view.
Jones discloses the sensor system (130) senses markings on the containers such as shipping labels and logos (Para. 0022; 0032). The sensors for detecting markings such as shipping labels and logos on the containers is a label scanner. The field of view is the area from which the sensors detect the markings, and the label in the field of view is the shipping label or logo on the container. (Para. 0022, 0032).
Regarding Applicants remarks about “outputting an identification signal”, Applicant’s terminology is broad, and Jones meets the limitation. The sensors of the sensor system (130) of Jones detect the container markings and compares images to a logo database storing images of a plurality of logos (Para. 0032). These sensors inherently output signal to the central computer system which received the information (110)(Para. 0018).
The identification signal is the output resulting from detecting a container marking and comparing it to a plurality of stored logo images (Para. 0032). A shipping label or logo is by its nature an identifier and can identify a container. Detecting and comparing container logos to a database of stored images is detecting an identification of a container, and the sensor(s) output that identification as a signal based on the detected label or logo. Therefore, Jones functionally discloses outputting an identification signal dependent on a label in the field of view as claimed.
Applicant's arguments filed on Page 17, Para. 2 have been fully considered but they are not persuasive. Applicant asserts that neither Jones nor Violle discloses a plurality of transportable modules to be assembled in any order as claimed. As mentioned above, the combination of Jones in view of Violle provides a modular conveyor system having a plurality of transportable modules, including at least a transportable testing gauge module and scanning module that can be moved to another location on the conveyor system (150) in the order fulfillment facility.
The combination of Jones in view of Violle also discloses the plurality of transportable modules to be assembled in any order. Violle discloses conveyor modules that may be assembled and dissembled together in various configurations to control a flow of materials according to a user’s liking (Para. 0097) and such that the conveying modules can be disassembled and relocated to another location in the facility.
Also, as previously mentioned, the transportable modules of Jones in view of Violle may be dissembled/assembled along the conveyor system (150) at other locations in the order fulfillment facility. The specific order of the modules may be determined by the user as a matter of design choice based on the user’s preference. See MPEP §2144.04 VI(C).
Applicant’s remaining arguments have been considered but are not separately addressed as they are not persuasive or do not overcome the rejection for the reasons discussed above.
Please see the rejection below.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al (US PG. Pub. 2018/0130015) in view of Violle (US PG. Pub. 2009/0277753). Relative to claims 1-8, and 10-12, Jones discloses:
claim 1) a modular warehouse installation device (Fig. 1) for initial filling of an automated warehouse (retail facility/order fulfillment facility: Para. 0016) with a plurality of storage bins (containers, such as bins; Para. 0028), the modular warehouse installation device comprises a plurality of modules (various sections of conveyor system 150 for transporting the containers between locations may be considered modules, the conveying sections may include areas for sensing and routing to various destinations; Para. 0022; 0026)(Fig. 1) comprising;
a testing gauge module comprising a testing assembly that is configured to (see the sensor system 130 for collecting container data coupled to/associated with the conveyor system (150), the sensors of the sensor system may be positioned in the receptacle portion 140, Para. 0022, or further downstream the conveyor system 150 and on other areas such as in the storage system 160, Para. 0024, and other sections; the testing gauge module may comprise the sensors and conveying section associated with the section of the conveying system 150 that senses the container dimensions and shape as mentioned in Para. 0030-0031):
determine a deviation of a shape of any storage bin of the plurality of storage bins from a predetermined standard shape (sensing system 130 measures dimensions and shape of containers, Para. 0030-0031, sensors detect if container is dented or damaged based on sensed dimensions, determining whether a container is dented, broken or otherwise damaged based on sensed data is determining whether there is a deviation from a predetermined standard shape of a container/bin, Para. 0031); and
generate a gauge signal dependent on the determined deviation (the generated signal dependent on the deviation is included since the sensors output signals to the central computer system 110, see Para. 0031, Fig. 1); and
a scanning module comprising a label scanner, the label scanner having a field of view and being configured to output an identification signal dependent on a label in the field of view and located on any storage bin of the plurality of storage bins (the scanning module may comprise the sensors and the conveying section associated with the section of the conveying system 150 that detects container markings such as shipping labels and logos as mentioned in Para. 0032; the field of view is the area from which the sensors detect the container label/logo, and the label in the field of view is the shipping label or logo on the container, Para. 0032);
claim 2) at least one conveyor module comprising a transportation line (the various sections for sensing, scanning, sorting, etc., are located along the conveyor system 150; Para. 0021-0022; 0035), the transportation line having a distal end and a proximal end and being configured to movably support at least one storage bin (container) of the plurality of storage bins, the at least one conveyor module is configured to guide the at least one storage bin from the proximal end to the distal end (conveyor system 150 may include conveyor belts, Para. 0023; for example, one conveyor module may be near the receptacle area 140, and the proximal end of the module may be the section of a conveyor belt near receptacle 140 where containers are deposited, the containers or bins move along that conveyor segment to a distal end to enter the retail or fulfillment facility, or move further downstream inside the facility for further processing (Para. 0021).
claim 5) the at least one conveyor module comprises a drive assembly configured to move at least one of the plurality of storage bins from the proximal end to the distal end (drive assembly is inherently included in the conveyor system 150 to move containers in an automated fashion, such as with the automated conveyor system, unmanned motorized units, etc., Para. 0023);
claim 6) the at least one conveyor module comprises a control unit, the control unit comprising a data interface that is adapted to be connected to a matching data interface of the automated warehouse (retail or order fulfillment facility), and to control the drive assembly dependent on data received from the automated warehouse via the data interface (see control circuit 112, that interfaces with sensors and database to control the system to perform the various functions; Para. 0018);
claim 7) the distal end is configured as a mechanical interface that connects to a storage bin feeding port of the automated warehouse for passing a storage bin from the transportation line to an internal conveying system of the automated warehouse (the mechanical interface may include section of conveyor 150 having the receptacle 140 that interfaces with the facility, for instance, the receptacle 140 may include a portion of the conveyor 150 that includes an outside window, i.e, a storage bin feeding port, where containers are dropped off, the containers continue to move from the outside of the facility at the window into the inner portion of the facility along the conveyor system 150 for processing; Para. 0021);
claim 8) the testing gauge module comprises a transportation line being configured to movably support at least one storage bin (containers) of the plurality of storage bins (the section of the conveyor system 150 and associated sensors of the sensing system 130 for detecting the dimensions/condition of the containers as mentioned in Para. 0030-0031 includes the conveyor line for moving containers, Para. 0022, 0030);
claim 10) the testing gauge module (relevant sections of conveying system 150 and sensors associated with sensing the container dimensions/shape) is configured to determine a height of a storage bin (Para. 0030);
claim 11) the scanning module (relevant sections of conveying system 150 and sensors associated with sensing the container markings, Para. 0032) comprises a data interface that is adapted to be connected to a matching data interface of the automated warehouse and to transmit data representative of a scanned label via the matching data interface to the automated warehouse (Para. 0018; 0032, sensor system 130 interfaces with control circuit 112 that interfaces with database 120);
claim 12) the scanning module (relevant sections of conveying system 150 and sensors associated with sensing the container markings) comprises a transportation line being configured to movably support at least one storage bin of the plurality of storage bins (the section of the conveyor system 150 and associated sensors for detecting markings include a conveyor portion for transporting containers, Para. 0022);
claim 14) the plurality of transportable modules further comprise: a labelling module which comprises a labelling assembly configured to label a storage bin (Para. 0032); and
claim 15) the plurality of modules are configured as carts (Para. 0023).
Jones does not expressly disclose:
the modules, including the testing, scanning modules, and labeling modules are transportable and are configured to be assembled in any order;
claim 3) the at least one transportable conveyor module comprises a height adjustment assembly configured to adjust a height of the transportation line;
claim 4) the at least one transportable conveyor module comprises an inclination adjustment device configured to adjust a height difference between the proximal end and the distal end of the transportation;
claim 13) the plurality of modules comprises at least two transportable conveyor modules, and a first distance between a distal end and a proximal end of a first module of the at least two transportable conveyor modules is different from a second distance between a distal end and a proximal end of a second module of the at least two transportable conveyor modules in each of the at least two different conveyor modules;
Violle teaches:
claim 1) modules (3) that are transportable and are configured to be assembled in any order (Para. 0001; 0066, modules 3 are transportable and the modules can be connected to each other, in a reconfigurable manner so that they can be assembled together in flexible configurations)(Fig. 1);
claim 3) the at least one transportable conveyor module (3) comprises a height adjustment assembly configured to adjust a height of the transportation line (Para. 0066);
claim 4) the at least one transportable conveyor module (3) comprises an inclination adjustment device configured to adjust a height difference between the proximal end and the distal end of the transportation (Para. 0066, one end of the module 3 may be lifted higher than the other end);
claim 13) the plurality of modules (3) comprises at least two transportable conveyor modules (see Fig. 1).
Violle teaches: the modules are transportable and are configured to be assembled in any order, a height adjustment assembly, and inclination adjustment device described above, for the purpose of providing a device comprising an assembly of conveying modules for transporting loads that can be universally and flexibly applied in a way that lowers costs, minimizes delays, reduces manual labor, and improves overall efficiency (Para. 0001-0013).
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to implement the plurality of transportable, reconfigurable modules as taught in Voille in the system in Jones, for the purpose of providing a device comprising an assembly of conveying modules to transport loads that can be universally and flexibly applied in a way that lowers costs, minimizes delays, reduces manual labor, and improves overall efficiency.
Relative to claim 13, the device of Jones in view of Violle does not expressly disclose: a first distance between a distal end and a proximal end of a first module of the at least two transportable conveyor modules is different from a second distance between a distal end and a proximal end of a second module of the at least two transportable conveyor modules in each of the at least two different conveyor modules.
Jones in view of Violle can be modified so that a length of a first transportable module and a length of a second transportable module are different as an obvious matter of design choice, in order to accommodate different transportation paths, system layout requirements within a facility, and other needs of the system. See MPEP §2144.04 (IV).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jones in view of Violle so that the conveyor modules have different lengths as a matter of design choice, to accommodate different transportation paths, system layout requirements and other needs of the system.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Relative to claim(s) 9, the closest available prior art does not disclose:
the installation device comprises: a lifting assembly; a frame; and a gauge mounted to the frame, the lifting assembly being configured to lower the frame onto a storage bin on the transportation line of the transportable testing gauge module; and the gauge signal depending being dependent on a lowered position of the frame.
Conclusion
THIS ACTION IS MADE FINAL. 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 YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YOLANDA R CUMBESS/ Primary Examiner, Art Unit 3651
