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 .
Election/Restrictions
Applicant’s election without traverse of claims, 1-3, 5-7, 11-18 and 20 (species-B. Fig.6-11) in the reply filed on 04/09/2026 is acknowledged.
3. Claims 4, 8-10 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species A and C, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/09/2026.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 20 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.
6. Regarding claim 20, on page 5, line 13 it recites “a motor operably connected….” and on page 6, line 3 it recites, “a second motor affix… the motor…”. A term “the motor” is unclear. It should write as “the second motor”.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claim(s) 1-3, 5, 11, 13-14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 205973032 U, listed on IDS).
10. 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).
11. Regarding claim 2, Wang teaches all the limitations of the claim 1. It also teaches wherein the frame (31) includes a rail (Fig. 2, 32 and 33) 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).
12. Regarding claim 3, Wang teaches all the limitations of claim 2. It also teaches wherein the rail (Fig. 2, 32 and 33) is substantially straight along a majority of a length of the frame (it can be seen in fig.2-4 that rail is straight in majority of length).
Regarding claim 5, Wang 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, Wang teaches all the limitations of claim 2. It 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, Wang teaches all the limitations of claim 11. It 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, Wang teaches all the limitations of claim 1. It 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).
Regarding claim 18, Wang teaches all the limitations of claim 1. It also teaches wherein the frame (31) extends at an angle (33), such that the second end is horizontally offset from the first end (it can be seen in fig.2-4).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6-7, 12 and 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 6, Wang teaches all the limitations of claim 5. It explicitly fails to 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 is a channel 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 Wang 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, Wang explicitly fails to 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 Wang 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, Wang teaches all the limitations of claim 11. It explicitly fails to 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 Wang 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.
Regarding claim 20, Wang teaches 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 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 and 33) extending between the first end and the second end of the frame (it can be seen in fig.2);
a travelling connector (Fig. 2, 35-1 and 35-2 connects the motor 35a and 37a of 37b) configured to engage and move along the rail (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 explicitly fails to teach a second motor affixed to the travelling connector, the motor being configured to rotate the tote support fixture between a first angular orientation and a second angular orientation.
Yu teaches a second motor (34) affixed to the travelling connector (30, 31 and 2), the 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 second motor affixed to the travelling connector, the 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 rotation of tole so it can be operated as from hold position to dump position (page 4, lines 35-36).
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 Walter (US 20130017046 A1).
Regarding claim 15, Wang teaches all the limitations of claim 14. It also teaches the flexible member (35d) is selected from the group consisting of a chain. It 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 Wang 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 Kim (KR 10171608 B1).
Regarding claim 16, Wang fails to 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).
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 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, Wang 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 Wang 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).
PNG
media_image1.png
1015
658
media_image1.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other cited prior art on PTO-892 form show the system which is tipping the tote. Specially Hausecker et al. (US 20240158188 A1) teaches tote lifting and moving and emptying device which has of having a rail, tote support fixture which can pivot from 1st angular orientation to 2nd angler orientation respect to frame. Cartal et al. (US 8182191 B2) teaches the concept of travelling connecter and detail of it which is in claim 6, see fig. 1-6 element 23.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIMIN G PATEL whose telephone number is (571)272-0052. The examiner can normally be reached Monday-Friday 8:00 AM to 5:00 PM.
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, Saul Rodriguez can be reached at 517-272-7097. 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.
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/JAIMIN G PATEL/Examiner, Art Unit 3652
Prosecution Insights