DETAILED ACTION
This application includes independent claims 1, 16, and 20; and dependent claims 2-15 and 17-19.
The Preliminary Amendment has been entered.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “storage racks” and “virtual twins” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Interpretation
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.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is 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. Claim 19 recites the limitation “the target conveying system”. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 3, and 5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 2 and 5 recite that certain steps of the independent claim are omitted. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1, 4, 6-10, and 13-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticiapted by Pidarparthi et a. (US 2022/0402139).
Regarding independent claim 1, Pidarparthi discloses a method for loading a target loading aid (106) with articles at a loading station (see Fig. 1) with an automatic loading device (102) comprising the steps: a) acquiring an order and determining the articles associated with the order using an order-processing computer (118; see at least paras. 0043, 0058, 0111); b) providing loading properties comprising properties of the loading device (see at least paras. 0044, 0045, 0056, 0061, 0062) and articles properties of the articles (see at least paras. 0045, 0056, 0061, 0117) in a database (see at least para. 0056) for a simulation unit (see at least para. 0066); c) specifying loading parameters comprising at least one parameter relating to the loading device and/or at least one parameter relating to the articles and/or at least one parameter relating to the target loading aid in the simulation unit (see at least para. 0043); d) simulating a loading operation of the target loading aid with articles using the simulation unit based on the loading properties and the loading parameters and generating a loading pattern with the simulation unit (see at least paras. 0060, 0116); e) repeating steps b) to d) with modified loading parameters (see at least paras. 0036, 0060); f) analyzing the loading patterns generated on the basis of a target specification by means of the simulation unit (see at least paras. 0060, 0116); g) selecting that loading pattern that best fulfils the target specification and generating the loading regulation for the loading device comprising the loading parameters that lead to the selected loading pattern by means of the simulation unit (see at least para. 0116-0118); h1) transporting the articles to the automatic loading device of the loading station and loading the target loading aid with the articles by means of the automatic loading device according to the loading regulation if at least one of the loading patterns fulfils the target specification (see at least paras. 0113-0115).
Regarding independent claim 16, Pidaparthi discloses a storage and picking system comprising; a storage zone (see at least para. 0112) for providing articles; a loading station (see Fig. 1) with an automatic loading device (102) for loading target loading aids (106) with articles according to a loading regulation; a source conveying system (104) for transporting the articles that connects the storage zone and the loading station; an order-processing computer (118) for acquiring an order and determining the articles associated with the order (see at least paras. 0044, 0045, 0056, 0061, 0062); at least one database (see at least para. 0056), in which loading properties comprising properties of the loading device and articles properties of the articles, can be provided; and a simulation unit (see at least para. 0066), which is connected to the at least one database using data technology and which is configured for processing loading properties, comprising properties of the loading device and articles properties of the articles (see at least paras. 0043, 0045, 0056, 0061, 0117), processing a loading parameter specification comprising at least one parameter relating to the loading device and/or at least one parameter relating to the articles and/or at least one parameter relating to the target loading aid (see at least para. 0043), simulating a loading operation of the target loading aid with articles based on the loading properties and the loading parameters (see at least paras. 0060, 0016), generating a loading pattern (see at least paras. 0116-0118), repeating the aforementioned steps with modified loading parameters (see at least paras. 0036, 0060, 0116-118), analyzing the loading patterns generated on the basis of the target specification, and selecting that loading pattern that best fulfils the target specification and generating the loading regulation for the loading device comprising the loading parameters that lead to the selected loading pattern (see at least paras. 0113-0115).
Regarding independent claim 20, Pidaparthi discloses a storage and picking system comprising; a storage zone (see at least para. 0112) for providing articles; a loading station (see Fig. 1) with an automatic loading device (102) for loading target loading aids (106) with articles according to a loading regulation; a source conveying system (104) for transporting the articles that connects the storage zone and the loading station; an order-processing computer (118) for acquiring an order and determining the articles associated with the order; at least one database (see at least para. 0056), in which loading properties comprising properties of the loading device and/or articles properties of the articles, can be provided (see at least paras. 0044, 0045, 0056, 0061, 0017); and a simulation unit (see at least paras. 0056), which is connected to a database which is configured to do at least one of: processing loading properties, comprising properties of the loading device and articles properties of the articles, processing a loading parameter specification comprising at least one parameter relating to the loading device and/or at least one parameter relating to the articles and/or at least one parameter relating to the target loading aid, simulating a loading operation of the target loading aid with articles based on the loading properties and the loading parameters, generating a loading pattern, repeating the aforementioned steps with modified loading parameters, analyzing the loading patterns generated on the basis of the target specification, or selecting that loading pattern that best fulfils the target specification and generating the loading regulation for the loading device comprising the loading parameters that lead to the selected loading pattern (see at least paras. 0036, 0060 and 0113-0118).
Regarding dependent claims 4, 6-10, 13-15, and 17-19 Pidarparthi discloses for loading the target loading aid, at least one article of the articles is transferred to the target loading aid by falling, sliding and/or throwing (see at least para. 0058). An analysis quantity is defined that comprises any number of orders, wherein steps a) to g) are carried out for all orders of the analysis quantity, wherein the method comprises the following steps between steps f) and g):i) generating a first order quantity, which comprises all orders for which at least one loading pattern has been generated that fulfils the target specification (see at least paras. 0040, 0111), ii) generating a second order quantity, which comprises all orders for which at least one loading pattern has been generated that fulfils the target specification (see at least paras. 0040, 0111). The at least one parameter relating to the loading device is selected from a group comprising a construction of the loading device, a loading speed, a dumping angle of a source loading aid, a drop height of the article into the target loading aid and/or a loading position of the target loading aid and/or the at least one parameter relating to the articles is selected from a group comprising a selection of articles of an order, a loading sequence and/or a positioning of the article when the articles are fed to the target loading aid, and/or the at least one parameter relating to the target loading aid is selected from a group comprising a target loading aid orientation, target loading aid position, target loading aid shape and/or target loading aid dimensioning (see at least para. 0031). The target specification is selected from a group comprising a fill level of the target loading aid, a state of the articles in the target loading aid and/or a positioning of the articles in the target loading aid (see at least para. 0060). To generate the loading pattern, the state of the articles is calculated by the simulation unit, the article having said state after reaching the resting state after simulated loading of the target loading aid with the articles, the fill level of the target loading aid is calculated by the simulation unit and/or the positioning of the articles in the target loading aid is calculated by the simulation unit, the articles having said position after reaching the resting state after the simulated loading of the target loading aid with the articles (see at least paras. 0060, 0116). The step e) is repeated with modified loading properties (see at least paras. 0030-0036). Loading the target loading aid with the articles in step h1) is detected by a camera (100) and a model for simulating loading in the simulation unit is adaptively adjusted in accordance with the detection of the camera to real loading (see at least para. 0076). The loading properties and/or the loading parameters are adjusted according to the detection (see at least para. 0076). Loading the target loading aid is virtualized with the help of virtual twins of the loading device, the target loading aid and/or the articles, and the loading properties and/or the loading parameters of the virtual loading device, the virtual target loading aid and/or the virtual articles are adjusted in accordance with the detection of loading by the camera (see at least para. 0076). The storage zone has a plurality of stationary storage racks and at least one automatically operated storage and retrieval device for storing the articles in the storage racks and/or retrieving the articles from the storage racks (see at least para. 0112). The source conveying system (104) and/or a target conveying system is configured as a stationary or mobile conveying system. The source conveying system (104) is configured for horizontal or suspended transport of articles (see Fig. 1) or source loading aids with articles and/or the target conveying system is configured for horizontal or suspended transport of the articles or target loading aids with articles.
Allowable Subject Matter
Claims 11 and 12 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Diankov et al. (US 10,647,528) and Kreis et al. (US 12,221,281) disclose a methods/systems of loading a target aid utilizing simulations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653