Detail 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 Amendment
The amendment to the claims filed on 08/31/2026 has been entered into record. Claims 1, 3, and 20 are amended, new claim 21 is added, and claims 18-19 are cancelled. Claims 1-3, 5-7, 11-17 and 20-21 are pending and treated as below.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1 recites a limitation, “a frame extending substantially straight from a first end to an second end…”.
It should read a second end in the limitation of claim 1.
Appropriate correction is required.
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.
Claim(s) 1-3, 5, 11, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of US 6474929 B1 (Hartman).
Regarding claim 1, Wang teaches a tote (Fig.4, 300) tipping system (Fig.1-4), comprising:
a frame (Fig.2, 31) extending from a first end (bottom part of 31) to a second end (top part of 31, seen in fig.2);
a tote support fixture (Fig. 4, 37b) configured to selectively engage and secure a tote (it can be seen in fig.4); and
a drive mechanism (Fig.2, 35) configured to move the tote (300) support fixture (37b) between the first end of the frame and the second end of the frame (it can be seen in fig.1 and 2);
wherein, when the tote support fixture (37b) is at the first end of the frame (it can be seen in fig.4), the tote support fixture is at a first angular orientation relative to the frame (the position of 300 in fig.4 is noted as a 1st angular position related to 31), the first angular orientation allowing a tote to be secured to the tote support fixture (it can be seen in fig.4); and
wherein, when the tote support fixture (37b) is at the second end of the frame (can be seen in in Fig.1), the tote support fixture is at a second angular orientation relative to the frame (the position show in fig. 1 is noted as a 2nd angular position related to 31), the second angular orientation allowing parcels to fall out of the tote (it can be seen in fig.1).
Wang does not explicitly teach a frame extending substantially straight from a first end to a second end, the frame extending at an angle from the first end to the second end, such that the second end is horizontally offset from the first end.
Hartman teaches a frame extending substantially straight from a first end to a second end, the frame extending at an angle from the first end to the second end, such that the second end is horizontally offset from the first end (see attached annotated fig.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified Wang by incorporating a frame extending substantially straight from a first end to a second end, the frame extending at an angle from the first end to the second end, such that the second end is horizontally offset from the first end in view of Hartman in order to facilitate lifting and dumping of the contents into the tote by providing a linear inclined travel path for moving the tote from lower loading level position to an elevated dumping position (column 7, lines 59-67).
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7. Regarding claim 2, a combination of Wang and Hartman teaches all the limitations of the claim 1. Wang also teaches wherein the frame (31) includes a rail (Fig. 2, 32-1 and 32-2) extending between the first end and the second end of the frame (it can be seen in fig.2), and wherein the tote support fixture moves along the rail (it can be seen in fig.1-4).
8. Regarding claim 3, the combination of Wang and Hartman teaches all the limitations of claim 2. Wang also teaches wherein the rail (Fig. 2, 32-1, 32-2) is substantially straight from the first end to the second end of the frame (it can be seen in fig.2-4 that rail, substantially straight from the first end to the second end of the frame).
Regarding claim 5, the combination of Wang and Hartman teaches all the limitations of claim 2. It also teaches further comprising a travelling connector (Fig. 2, 35-1 and 35-2 connects the motor 35a and 37a) interposed between the tote support fixture (37b) and the frame (31), wherein the travelling connector (Fig.2-3, 35-1 and 35-2) engages and moves along the rail (it can be seen in Fig. 2 and 3).
Regarding claim 11, the combination of Wang and Hartman teaches all the limitations of claim 2. Wang also teaches a motor (35a) configured to rotate the tote support fixture between the first angular orientation and the second angular orientation (it can be seen in fig. 1-4).
Regarding claim 13, the combination of Wang and Hartman teaches all the limitations of claim 11. Wang also teaches the motor (35a) rotates the tote support fixture (37b) after the tote support fixture is at the second end of the frame (it can be seen in fig.1).
Regarding claim 14, the combination of Wang and Hartman teaches all the limitations of claim 1. Wang also teaches wherein the drive mechanism (Fig.2, 35) includes
a first gear (Fig.3, 35b-2) located at the first end of the frame,
a second gear (Fig.3, 35b-1) located at the second end of the frame,
a flexible member (Fig.3, 35d) extending around and operably connecting the first gear and the second gear (it can be seen in fig.3), and
a motor (Fig.2, 35a) operably connected to at least one of the first gear and the second gear to rotate the at least one of the first gear and the second gear and cause the flexible member to move (it can be seen in fig. 2-4);
wherein the tote (300) support fixture (37b) is affixed to the flexible member (35d), such that the tote support fixture travels with the flexible member between the first end of the frame and the second end of the frame (it can be seen in fig. 2-4).
Claim(s) 6-7, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of US 6474929 B1 (Hartman) as applied to claim 1 above, and in view of Yu (CN 111977400 A, from IDS).
Regarding claim 6, the combination of Wang and Hartman teaches all the limitations of claim 5. It does not explicitly teach wherein the travelling connector includes a guide member defining a channel configured to engage the rail.
Yu teaches wherein the travelling connector (Fig.2, 30, 31 are connectors) includes a guide member (Fig.2, 2) defining a channel configured to engage the rail (see page 4, lines 7-8, explains the guide groove which a channel is configured to engage on rail 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating wherein the travelling connector includes a guide member defining a channel configured to engage the rail in view of Yu in order to achieve the smother and proper guide during the transfer of support fixture.
Regarding claim 7, the combination of Wang, Hartman and Yu teaches all the limitations of claim 6. The combination of Wang and Hartman does not explicitly teach further comprising a motor affixed to the travelling connector the motor being configured to rotate the tote support fixture between the first angular orientation and the second angular orientation.
Yu teaches further comprising a motor (Fig.2, 34), affixed to the travelling connector (Fig.2, 2), the motor being configured to rotate the tote support fixture (Fig. 1, 36) between the first angular orientation and the second angular orientation (see page 4, 24-28 and lines 36-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating a motor affixed to the travelling connector the motor being configured to rotate the tote support fixture between the first angular orientation and the second angular orientation in view of Yu in order to achieve rotation of the support fixture.
Regarding claim 12, the combination of Wang and Hartman teaches all the limitations of claim 11. It does not explicitly teach the motor moves along the rail with the tote support fixture.
Yu teaches the motor (Fig. 2, 34) moves along the rail (Fig. 2, 1) with the tote support fixture (Fig.1, 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating the motor moves along the rail with the tote support fixture in view of Yu in order to achieve the rotation of the support fixture at end of the rail.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of US 6474929 B1 (Hartman) and further in view Walter (US 20130017046 A1).
Regarding claim 15, the combination of Wang and Hartman teaches all the limitations of claim 14. Wang also teaches the flexible member (35d) is selected from the group consisting of a chain. The combination of Wang and Hartman fails to teach and belt (chain and belt drive mechanism are well known in art).
Walter teaches the flexible member is selected from the group consisting of a chain and belt (see ¶0028 and claim 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating the flexible member is selected from the group consisting of a chain and belt in view of Walter in order to achieve drive motion of support system.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of US 6474929 B1 (Hartman) and further in view Kim (KR 10171608 B1).
Regarding claim 16, the combination of Wang and Hartman teaches all the limitations of claim 14. It does not explicitly teach further comprising a counterweight affixed to the flexible member opposite from the tote support fixture.
Kim teaches further comprising a counterweight (Fig.2 33) affixed to the flexible member (Fig. 2, 52) opposite from the tote support fixture (it can be seen in fig. 2). (Note: Kim is an analogous art since Kim is related to lifting and tipping container. Also, Kim is classified under B65G65/23: Devices for tilting and emptying of containers, same as the instant application is classified. Furthermore, Rejection of claim 16 in view of Kim is relied upon for providing counterweight to the tote tipping assembly, and Walter in claim 15 is relied upon for belt/flexible-member teaching. All the references must be considered in combination rather than individually. Therefore, the rejection is proper.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating further comprising a counterweight affixed to the flexible member opposite from the tote support fixture in view of Kim in order to achieve uniform load balance on the travelling frame while the support fixture is traveling from one end to another end (¶0016).
Regarding claim 17, the combination of Wang, Hartman and Kim teaches all the limitations of claim 16. Wang also teaches the frame (31) includes a first rail (Fig.3, 31-1) extending between the first end and the second end of the frame (it can be seen in fig2-4), and a second rail (Fig.3, 31-2) extending between the first end and the second end of the frame (it can be seen in fig2-4); and
wherein the tote support fixture (37b) moves along the first rail (it can be seen in fig.2-4, note that tote moves along both rail).
It explicitly fails to teach the counterweight moves along the second rail.
Kim teaches the counterweight moves along the second rail (see attached annotated fig).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang and Hartman by incorporating the counterweight moves along the second rail in view of Kim in order to achieve uniform load balance on the travelling frame while the support fixture is traveling from one end to another end (¶0016).
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22. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of Yu (CN 111977400 A, from IDS).
Regarding claim 20, Wang teaches a tote (Fig.4, 300) tipping system (Fig.1-4), comprising:
a frame (Fig.2, 31) extending from a first end (bottom part of 31) to a second end (top part of 31, seen in fig.2);
a first gear (Fig.3, 35b-2) located at the first end of the frame (can be seen in fig.3),
a second gear (Fig.3, 35b-1) located at the second end of the frame (can be seen in fig.3),
a flexible member (Fig.3, 35d) extending around and operably connecting the first gear and the second gear (it can be seen in fig.3), and
a motor (Fig.2, 35a) operably connected to at least one of the first gear and the second gear to rotate the at least one of the first gear and the second gear and cause the flexible member to move (it can be seen in fig. 2-4);
a rail (Fig. 2, 32-1 and 32-2) extending between the first end and the second end of the frame (it can be seen in fig.2);
the travelling connector (Fig.2-3, 35-1 and 35-2) affixed to the flexible member (35d), such that the travelling connector travels with the flexible member between the first end of the frame and the second end of the frame (it can be seen in fig.2-4);
a tote support fixture (37b) affixed to the travelling connector (Fig. 2, 35-1 and 35-2 connects the motor 35a and 37a of 37b), the tote support fixture configured to selective engage and secure a tote (tote 300 is secured in 37b, it can be seen in fig. 2-4);
wherein, when the tote support fixture (37b) is at the first end of the frame (it can be seen in fig.4), the tote support fixture is at a first angular orientation relative to the frame (the position of 300 in fig.4 is noted as a 1st angular position related to 31), the first angular orientation allowing a tote to be secured to the tote support fixture (it can be seen in fig.4); and
wherein, when the tote support fixture (37b) is at the second end of the frame (can be seen in in Fig.1), the tote support fixture is at a second angular orientation relative to the frame (the position show in fig. 1 is noted as a 2nd angular position related to 31), the second angular orientation allowing parcels to fall out of the tote (it can be seen in fig.1).
Wang does not explicitly teach a travelling connector including a guide member that defines a channel configured to engage the rail and allow the travelling connector to move along the rail, a second motor affixed to the travelling connector, the second motor being configured to rotate the tote support fixture between a first angular orientation and a second angular orientation.
Yu teaches a travelling connector (Fig.2, 30, 31 are connectors) including a guide member (Fig.2, 2) that defines a channel (see page 4, lines 7-8, explains the guide groove which is a channel configured to engage on rail 1) configured to engage the rail and allow the travelling connector to move along the rail (It can be seen in fig. 2),
a second motor (34) affixed to the travelling connector (30, 31 and 2), the second motor (34) being configured to rotate the tote support fixture between a first angular orientation and a second angular orientation (see page 3, lines 24-28, and page 4 lines 35-36 which explains how the 34 rotates the tote 100 from 1st angular position to the second angular position as shown in Wang: performing by the same motor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified Wang by incorporating a travelling connector including a guide member that defines a channel configured to engage the rail and allow the travelling connector to move along the rail a second motor affixed to the travelling connector, a second motor affixed to the travelling connector, the second motor being configured to rotate the tote support fixture between a first angular orientation and a second angular orientation in view of Yu in order to achieve the smother and proper guide during the transfer of support fixture and rotation of tole so it can be operated as from hold position to dump position (page 4, lines 35-36).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 205973032 U, listed on IDS) in view of US 20150158679 A1 (Lossov et al.).
Regarding claim 21, Wang teaches a tote (Fig.4, 300) tipping system (Fig.1-4), comprising:
a frame (Fig.2, 31) extending from a first end (bottom part of 31) to a second end (top part of 31, seen in fig.2);
a tote support fixture (Fig. 4, 37b) configured to selectively engage and secure a tote (it can be seen in fig.4); and
a drive mechanism (Fig.2, 35) configured to move the tote (300) support fixture (37b) between the first end of the frame and the second end of the frame (it can be seen in fig.1 and 2); the drive mechanism (Fig.2, 35) includes
a first gear (Fig.3, 35b-2) located at the first end of the frame,
a second gear (Fig.3, 35b-1) located at the second end of the frame,
wherein, when the tote support fixture (37b) is at the first end of the frame (it can be seen in fig.4), the tote support fixture is at a first angular orientation relative to the frame (the position of 300 in fig.4 is noted as a 1st angular position related to 31), the first angular orientation allowing a tote to be secured to the tote support fixture (it can be seen in fig.4); and
wherein, when the tote support fixture (37b) is at the second end of the frame (can be seen in in Fig.1), the tote support fixture is at a second angular orientation relative to the frame (the position show in fig. 1 is noted as a 2nd angular position related to 31), the second angular orientation allowing parcels to fall out of the tote (it can be seen in fig.1).
Wang does not explicitly teach a belt extending around and operably connecting the first gear and the second gear, and
a motor operably connected to at least one of the first gear and the second gear to rotate the at least one of the first gear and the second gear and cause the belt to move;
wherein the tote support fixture is affixed to the belt, such that the tote support fixture travels with the belt between the first end of the frame and the second end of the frame (Note: Wang teaches all these arrangements with the chain drive mechanism, not the belt drive), a counterweight affixed to the belt opposite from the tote support fixture.
Lossov et al. teaches a belt (0303 in fig. 5) extending around and operably connecting the first gear (0324 in fig. 5) and the second gear (0323 in fig. 5),
a counterweight (0304 in fig. 5) affixed to the belt (0303 in fig. 5) opposite from the tote support fixture (it can be seen in fig. 5), and
a motor (0704 in fig. 5) operably connected to at least one of the first gear and the second gear (¶0063: pulling module 0324 of the main boom 0302 is connected to the motor 0704) to rotate the at least one of the first gear and the second gear and cause the belt to move (it can be seen in fig.5);
wherein the tote support fixture (0314 in fig.5) is affixed to the belt (it can be seen in fig. 5), such that the tote support fixture (0314) travels with the belt between the first end (bottom of 0302) of the frame (0302 in fig.5 ) and the second end (top end of 0302) of the frame (it can be seen in fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have modified the combination of Wang a belt extending around and operably connecting the first gear and the second gear, a counterweight affixed to the belt opposite from the tote support fixture and a motor operably connected to at least one of the first gear and the second gear to rotate the at least one of the first gear and the second gear and cause the belt to move; wherein the tote support fixture is affixed to the belt, such that the tote support fixture travels with the belt between the first end of the frame and the second end of the frame in view of Lossov et al. in order to allow using a more compact motor of smaller power capacity while at the same time transporting heavier tote higher (¶0021).
Response to Arguments
Applicant’s arguments, see page 9-12 of remark, filed 08/31/2026, with respect to the rejection(s) of claim(s) 1-3, 5, 11, and 13-14 under U.S.C. §102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 6474929 B1 (Hartman).
Applicant’s arguments, on page 12-13 of remark, filed on 08/31/2026 regarding, “claims 6-7, 12, and 20 under 35 U.S.C. § 103 as allegedly being rendered obvious by the combined teachings of Wang and Chinese Patent Application No. 11197740 ("Yu"); claim 15 under 35 U.S.C. §103 as allegedly being rendered obvious by the combined teachings of Wang and U.S. Patent Application Publication No. 2013/0017046 ("Walter"); and claims 16-17 under 35 U.S.C. §103 as allegedly being rendered obvious by the combined teachings of Wang and Korean Patent No. 10-1711608 ("Kim"). Claims 6-7, 12, 15, and 16-17 depend, directly or indirectly, from claim 1. It Applicant respectfully submits that neither Yu, Walter, nor Kim add anything that would remedy the aforementioned deficiencies of Wang with respect to claim 1 (as amended). In particular, the frame elements in Yu, Walter, and Kim all extend vertically upward similar to Wang. Accordingly, without conceding the merit of the rejections, Applicant submits that claims 6-7, 12, 15, and 16 are allowable for at least the reasons provided in support of the allowability of claim 1.” The argument is not persuasive.
In response to applicant’s argument, since claim 1 is rejected under a new ground(s) of rejection as above. Therefore, claims 6-7, 12, 15, and 16-17 are still rejected. See above set forth rejection.
Applicant’s arguments, on page 13-14 of remark filed on 08/31/2026 regarding, Independent claim 20 has been amended to recite "a travelling connector including a guide member that defines a channel configured to engage the rail and allow the travelling connector to move along the rail." This amendment is supported by at least paragraph [0053] and FIGS. 8-20 of the Application-as-Submitted.
In the Office Action, the Examiner alleged that Wang discloses "a travelling connector (Fig. 2, 35-1 and 35-2 connections the motor 35a and 37a of 37b) configured to engage and move along the rail (it can be seen in fig. 2)." See Office Action at p. 8. Applicant respectfully submits that the alleged travelling connector does not "including a guide member that defines a channel configured to engage the rail and allow the travelling connector to move along the rail" as is now recited in claim 20.
Wang discloses "two fixed sliders 35 are 35-1 and 35-2.... The left end 35a of the fixed slide 35-2 is slidably connected to the first slide rail 32-2 by two pulleys so that fixed slide 35-2 can be easily moved up and down by the chain drive due to sliding. The fixed slide 35-1 is also disposed in a symmetrical manner...." See Wang p. 6, line 41- p. 7, line 7. As shown in FIGS. 2 and 3 of Wang, which are partially reproduced below, the two fixed sliders 35-1, 35-2 (i.e., the alleged travelling connectors) extend into and slide within the respective slide rails 32-1, 32-2. As such, the two fixed sliders 35-1, 35-2 do not include a guide member that defines a channel configured to engage the rail as is now required in claim 20.” The argument is persuasive.
Furthermore, applicant’s argument, “none of the other cited references disclose such a guide member. For at least these reasons, Applicant respectfully submits that claim 20 (as amended) is not obvious in view of the cited references and is in condition for allowance”. The argument is not persuasive.
In response to applicant’s arguments, see, above set forth rejection of claim 6 and 20 as, Wang (CN 205973032 U, listed on IDS) in view of US 6474929 B1 (Hartman) as applied to claim 1 above, and in view of Yu (CN 111977400 A, from IDS). Yu is cited in non-final rejection which was mailed out on04/29/2026. Yu teaches the amended limitation of claim 20. Therefore, rejection of claim 20 is proper.
Applicant’s arguments with respect to newly added claim 21, on page 14-16 are not persuasive.
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). Furthermore, see rejection of claim 16 above. However, for the rejection of newly added claim 21, applicant’s arguments 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. See above set forth rejection of claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200361711 A1 (Must et al.) teaches concept of claim 14, claim 15 and 16 and same limitations are in claim 21 (see fig. 11, ¶0034), Must also teaches concept of having a connector with guiding channel ee fig. 13. WO 9943589 A1 teaches concept of counterweight. EP 3771682 A1 also teaches concept of counterweight (see ¶0080 and ¶0081, fig. 10). US 9028192 B2 (Wahls) teaches having a straight rail or frame at angle in such that the second end is horizontally offset from the first end (see fig. 1-2, 6-7).
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.
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/JAIMIN G PATEL/Examiner, Art Unit 3652
/JONATHAN SNELTING/Primary Examiner, Art Unit 3652