DETAILED ACTION
Response to Amendment
Applicant’s amendment filed 07/09/2026 has been entered. Claims 1-18, and 20-21 remain pending in the application. Claim 19 has been cancelled.
Applicant’s amendment to claim 12 of removing the portion of the claim that led to its indication of allowability “calculate a starting time for the retrieval of the order loading aids from the temporary storage before the articles of the second order parts of the orders are sorted according to the target article sequence, and to trigger the first transport system to initiate the retrieval of the order loading aids from the temporary storage at the start time” has now made the claim rejectable under 35 U.S.C 103 over the applied prior art of Timothy et al. (WO 2019/241816 A1), in view of Timothy et al. (DE 102013101659 A1).
Response to Arguments
Applicant's arguments filed 07/09/2026 regarding claim 18 have been fully considered but they are not persuasive. Applicant contends that the art of record does not disclose the amended claim 18 either alone or in combination. Examiner respectfully disagrees; Timothy et al. (WO 2019/241816 A1) discloses an order-processing computer for (para. [0186]; Fig. 2, order computer 5), the acquisition of a plurality of orders and determination of the articles comprised by the respective order (para. [0186]; Fig. 2, order computer 5 records orders for picking and determines the order goods 2 and 3 required for the order), and/or the determination of a first order part having a first part of the articles comprised by the respective order which are provided in the first subsystem of the storage and picking system for each order of the acquired orders (para. [0186], [0204]-[0206]; First order part 6 with items 2 removed from storage area 10), and/or the determination of a second order part having a second part of the articles comprised by the respective order which are provided in the second subsystem for each order of the acquired orders (para. [0186], [0204]-[0206]; Second order part 7 with items 3 removed from storage area 12). See the rejection for claim 18 below for the other elements.
Specification
The amendment filed 07/09/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: On page 2 line 12, on page 6 line 5, line 10 and line 15, on page 12 lines 5 and line 8 of the specification the phrase "to order" is replaced by the phrase "in an order related manner". The application as originally filed described the articles being retrieved or produced “to order”, which ordinarily indicates retrieval or production in response to a particular order.
The amended expression “in an order-related manner” is broader and does not require retrieval or production in response to a particular order. Instead, it potentially covers any retrieval or production operation having some unspecified relationship to an order, including operations related to timing, grouping, past orders, or predicted orders. The application as originally filed does not disclose this broader subject matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4-5, and 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 4 and 13 recite “the articles of the first order part are provided in this article storage and retrieved from this article storage in an order-related manner”. The application as originally filed described the articles being retrieved from the article storage “to order”, which reasonably conveys retrieval in response to a particular order. The phrase “in an order-related manner”, covers retrieval having any unspecified relationship to an order and is not limited to retrieval in response to or performed for fulfillment of the respective order. The original disclosure does not identify the nature of the required relationship between the retrieval operation and the order, other than retrieval “to order”. A person or ordinary skill in the art therefore would not have understood the application as originally filed to demonstrate that the applicant possessed the full scope of retrieval “in an order related manner”.
Claims 5 and 14 recite “production is configured to produce articles of the second part in an order-related manner”. The application as originally filed described the articles being produced “to order”, which reasonably conveys production in response to a particular order. The phrase “in an order-related manner”, covers production process having any unspecified relationship to an order and is not limited to production in response to or performed for fulfillment of the respective order. The original disclosure does not identify the nature of the required relationship between the production operation and the order, other than production “to order”. A person or ordinary skill in the art therefore would not have understood the application as originally filed to demonstrate that the applicant possessed the full scope of production process “in an order related manner”.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 4-5, and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4 and 13 recite “the articles of the first order part are provided in this article storage and retrieved from this article storage in an order-related manner”. This phrase does not define the required relationship between the retrieval of the articles and an order. It is unclear if the claim requires retrieval initiated in response to receipt of the perspective order, retrieval in according to an order sequence, retrieval according to an order priority, or merely some other relationship between retrieval operation and an order. In addition, the specification does not provide guidance or operational condition for determining if a particular retrieval operation satisfies the limitation. Thus, one of ordinary skill in the art would not be able to determine the metes and bounds of the claimed “in an order-related manner” with reasonable certainty.
Claims 5 and 14 recite “production is configured to produce articles of the second part in an order-related manner”. This phrase does not define the required relationship between the production of the articles and an order. It is unclear if the claim requires production initiated in response to receipt of the perspective order, production according to an order sequence, production according to an order priority, or merely some other relationship between production operation and an order. In addition, the specification does not provide guidance or operational condition for determining if a particular production operation satisfies the limitation. Thus, one of ordinary skill in the art would not be able to determine the metes and bounds of the claimed “in an order-related manner” with reasonable certainty.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 12-17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Timothy et al.
(WO 2019/241816 A1), hereinafter “Timothy”, in view of Timothy et al. (DE 102013101659 A1), hereinafter Timothy-2.
Regarding claim 12, Timothy discloses a storage and picking system for picking articles into order loading aids (para. [0186]; Fig. 2. 1b), comprising:
a first subsystem in which articles can be provided (Fig. 2, first subsystem 10),
a second subsystem in which articles can be provided (Fig. 2, second subsystem 12),
an order-processing computer for (para. [0186]; Fig. 2, order computer 5);
i) the acquisition of a plurality of orders and determination of the articles comprised by the respective order (para. [0186], [0203]; Fig. 2, order computer 5 records orders for picking and determines the order goods 2 and 3 required for the order), and/or
ii) the determination of a first order part having a first part of the articles comprised by the respective order which are provided in the first subsystem of the storage and picking system for each order of the acquired orders (para. [0186], [0204]-[0206]; First order part 6 with items 2 removed from storage area 10), and/or
iii) the determination of a second order part having a second part of the articles comprised by the respective order which are provided in the second subsystem for each order of the acquired orders (para. [0186], [0204]-[0206]; Second order part 7 with items 3 removed from storage area 12),
a first picking station for the loading of an order loading aid assigned to the respective order with the articles of the first order part of the orders (para. [0188], [0193]; Fig. 2, articles 2 shown picked from storage 10 on to loading aid 11 which implies a picking station),
a second picking station for the loading of the order loading aid assigned to the respective order with the articles of the second order part of the orders (para. [0188]; Fig. 2, articles 3 picked from storage 12 on to loading aid 13),
a first transport system for the transportation of the order loading aid from the first picking station to a second picking station (para. [0205], Fig. 2; a first transport system 14a for the transportation of the order loading aid from the first picking station to a second picking station),
a control device for the definition of a target article sequence in which the articles of the second order parts of the orders are provided at the second picking station of the storage and picking system, wherein the target article sequence specifies a target order sequence in which the orders at the second picking station are processed (para. [0075], [0218]; using a sorting device to arrange first and/or second order items into a predetermined sequence contemplates the controller being able to define an article sequence),
a sorting device for sorting the articles of the second order parts of the orders according to the target article sequence (para. [0218]; Fig. 2, sorting device 24 is used to sequence second order parts),
a second transport system for the delivery of the articles of the second order parts of the orders to the sorting device and for retrieval of the articles of the second order parts from the sorting device and for the delivery of the articles of the second order parts of the order to the second picking station according to the target article sequence (para. [0206]; Fig. 2, second transport 15a from sorting device to delivery position 18),
wherein the control device controls the first transport system to transport the order loading aids according to the specified target order sequence (para. [0027], [0067], [0201], the order computer is connected to elements of the storage and picking system via control technology, especially to the conveyor technology of the storage and picking system).
Timothy teaches a first transport system for the transportation of the order loading aid from the first picking station to a second picking but does not teach a temporary storage for buffering the order loading aids; or the first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station.
Timothy-2 teaches a temporary storage for buffering the order loading aids (para. [0055]; Fig. 1, temporary storage 11);
a first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station (para. [0055]; Fig. 1, transport system 12 delivering items to temporary storage 11 and transport system 13 for removing items from buffer 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify storage and picking system of Timothy to incorporate the teachings in Timothy-2 of including a temporary storage for buffering the order loading aids and a first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station in order to improve the picking efficiency by providing a buffer to store fast-moving product groups so they are available in the immediate vicinity of the picking station with no downtime between the processing of picking orders (Timothy-2: para. [0022]).
Regarding claim 13, Timothy further discloses that the first subsystem of the storage and picking system is formed by or comprises an article storage for the provision of the articles of the first order part, wherein these articles provided in this article storage can be retrieved from this article storage in an order- related manner (para. [0187]-[0189]; articles in the first storage area 10 are picked based on the order line 6).
Regarding claim 14, Timothy further discloses the second subsystem of the storage and picking system is formed by or comprises a production, wherein the production is configured to produce the articles of the second order part in an order- related manner (para. [0002]; [0023]; goods can be custom made goods).
Regarding claim 15, Timothy further discloses the production is configured to produce books, shoes, or clothing articles (para. [0002]; [0023], [0025]; custom made goods can include clothing).
Regarding claim 16, Timothy further the first transport system comprises a conveying system configured differently to an overhead conveyor system (para. [0213]; the first transport system is an autonomous floor transport vehicle and can transport the mobile shelves).
Regarding claim 17, Timothy further discloses the second transport system comprises an overhead conveyor system for the suspended transportation of hanging bags (para. [0214]; the second transport system is an overhead conveyor with hanging bags 13).
Regarding claim 18, Timothy discloses a storage and picking system for picking articles (para. [0186]; Fig. 2. 1b) comprising:
a first subsystem in which articles can be provided (Fig. 2, first subsystem 14a),
a second subsystem in which articles can be provided (Fig. 2, second subsystem 15a),
an order-processing computer for (para. [0186]; Fig. 2, order computer 5),
the acquisition of a plurality of orders and determination of the articles comprised by the respective order (para. [0186]; Fig. 2, order computer 5 records orders for picking and determines the order goods 2 and 3 required for the order), and/or
the determination of a first order part having a first part of the articles comprised by the respective order which are provided in the first subsystem of the storage and picking system for each order of the acquired orders (para. [0186], [0204]-[0206]; First order part 6 with items 2 removed from storage area 10), and/or
the determination of a second order part having a second part of the articles comprised by the respective order which are provided in the second subsystem for each order of the acquired orders (para. [0186], [0204]-[0206]; Second order part 7 with items 3 removed from storage area 12),
a first picking station for the loading of an order loading aid assigned to the respective order with the articles of the first order part of the orders (para. [0188], [0193]; Fig. 2, articles 2 picked from storage 10 on to loading aid 11);
a second picking station for the loading of the order loading aid assigned to the respective order with the articles of the second order part of the orders (para. [0188]; Fig. 2, articles 3 picked from storage 12 on to loading aid 13);
a control device for the definition of a target article sequence in which the articles of the second order parts of the orders are provided at the second picking station of the storage and picking system, wherein the target article sequence specifies a target order sequence in which the orders at the second picking station are processed (para. [0075], [0218]; using a sorting device to arrange first and/or second order items into a predetermined sequence contemplates the controller being able to define an article sequence)
a sorting device for sorting the articles of the second order parts of the orders according to the target article sequence (para. [0218]; Fig. 2, sorting device 24), and
a second transport system for the delivery of the articles of the second order parts of the orders to the sorting device and for the retrieval of the articles of the second order parts from the sorting device and for the delivery of the articles of the second order parts of the order to the second picking station according to the target article sequence (Fig. 2, second transport 15a from sorting device to delivery position 18).
Timothy further teaches a first transport system for the transportation of the order loading aid from the first picking station to a second picking station (para. [0205], Fig. 2; a first transport system 14a for the transportation of the order loading aid from the first picking station to a second picking station), but does not teach
a temporary storage for buffering the order loading aids; or
the first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station.
Timothy-2 teaches a temporary storage for buffering the order loading aids (para. [0055]; Fig. 1, temporary storage 11);
a first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station (para. [0055]; Fig. 1, transport system 12 delivering items to temporary storage 11 and transport system 13 for removing items from buffer 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify storage and picking system of Timothy to incorporate the teachings in Timothy-2 of including a temporary storage for buffering the order loading aids and a first transport system for the transportation of the order loading aid from the first picking station to the temporary storage and for the retrieval of the order loading aid from the temporary storage and delivery of the order loading aid to a second picking station in order to improve the picking efficiency by providing a buffer to store fast-moving product groups so they are available in the immediate vicinity of the picking station with no downtime between the processing of picking orders (Timothy-2: para. [0022]).
Allowable Subject Matter
Claims 1-3, 6-11, and 21 are allowed.
Claim 20 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.
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 TEMESGEN M. MARU whose telephone number is (571)272-0039. The examiner can normally be reached Monday -Friday 8:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMESGEN M. MARU/Patent Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
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