DETAILED ACTION
Response to Amendments
The amendment filed on 10/31/2025 has been entered.
Claims 1-22 remain pending in the application.
Claim Rejections - 35 USC § 102
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.
Claims 1-11 and 13-22 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by USP# 20220281685 of Lert, JR et al. (henceforth Lert).
Regarding claim 1, Lert teaches
An automated decanter (10), comprising:
a cutting tool (22, 26) configured to cut a container (88) along a cut line (para 0037), wherein the container has a bottom (see annotated fig. 3), a top (see annotated fig. 3), and multiple side walls (see annotated fig. 3) between the bottom and the top, and the cut line is proximate the top (para 0039, see fig. 3 and location of 110, 112 cuter which are used to cut the cutline);
a flipping mechanism (28) configured to flip the container upside down after the cut (para 0043); and
a depositing device (second 132 near 30 (see para 0043) and 30) configured to, after the container is flipped upside down, separate one or more products (“eaches”) within the container from the container (para 0043), wherein the top remains attached to the container during the flip (see figs. 2a-2b and the interpretation of top as annotated in fig. 3).
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Regarding claim 2, as shown in claim 1, Lert teaches
wherein the bottom of the container is on a surface (conveying (top) surfaces of 22, 24, 26, 28, 30 and 458) for the cut (as shown in annotated fig. 3, the bottom of the container is indirectly on top of the surface of 24, 26) and the flipping mechanism flips the container (para 0043) wherein the top is on the surface after the cut (see figs. 2a-2b, the top (as annotated in fig. 3) is indirectly on the surface of 30).
Regarding claim 3, as shown in claim 2, Lert teaches
wherein the surface is one or more conveyors (conveying (top) surfaces of 22, 24, 26, 28, 30 and 458, see fig. 12a) and the cutting tool, the flipping mechanism, and the depositing device are sequential sections along the one or more conveyors (see figs. 1 and fig. 12a and para 0048 which states “Case stripper module may have features as disclosed with respect to system 10 (less the drop-catch feature for example) or any suitable case stripping module adapted to remove case packaging to expose the eaches to each handling robot 456.”).
Regarding claim 4, as shown in claim 2, Lert teaches
wherein the one or more products are deposited on the surface after being separated from the container (para 0043, “Pushers 230, 232 advance case 88 down stream inversion module 28 toward separation module 30 where an additional arm 132 may be provided to remove case material from the bottom of case 88. With the case material removed, the eaches contained within the now stripped case are driven to the each separation table 30”).
Regarding claim 5, as shown in claim 2, Lert teaches
wherein the surface is a first surface (conveying (top) surfaces of 22, 24, 26, 28 and 458) and the one or more products are deposited on a second surface (top conveying surface of 30 such as 246, see para 0043-0044 and additionally tote 248 (see fig. 8b) after being separated from the container.
Regarding claim 6, as shown in claim 5, Lert teaches
wherein the first surface is at a first height (height of surface of 22, 24, 26 and 458, see figs. 2a and 12a) and the second surface is at a second height (see height of surface of 30 as shown in fig. 2a) that is different than the first height (para 0043).
Regarding claim 7, as shown in claim 5, Lert teaches
wherein the second surface is a conveyor (246, please note: conveyor = “One that conveys, especially a mechanical apparatus that transports materials, packages, or items being assembled from one place to another” as defined by American Heritage dictionary. Para 0043 states “each separation surface 246 has flaps or leaves that overlap each other where the flaps or leaves are selectively moved under the eaches: 1) to selectively separate the eaches individually or in groups from each other as illustrated in FIGS. 9A-9G, and 2) to be selectively pulled from or removed from under the separated eaches such that the separated eaches can be controllably dropped and caught by and into tote 248 shown in combination with drop catch module 32.” Since surface 246 conveys eaches into totes, the claims as recited are anticipated. https://www.ahdictionary.com/word/search.html?q=conveyor accessed 7/9/2025).
Regarding claim 8, as shown in claim 5, Lert teaches
wherein the container is a first container (88) and the second surface includes a second container (tote 248, fig. 8b) that receives the one or more products after being separated from the first container (para 0043, “As seen in FIG. 8B, the each separation table 30 is placed above the drop catch module 32 where eaches are advanced onto each separation surface 246 by pushers 230, 232 where pushers 230, 232 have been removed for clarity. As will be described, each separation surface 246 has flaps or leaves that overlap each other where the flaps or leaves are selectively moved under the eaches: 1) to selectively separate the eaches individually or in groups from each other as illustrated in FIGS. 9A-9G, and 2) to be selectively pulled from or removed from under the separated eaches such that the separated eaches can be controllably dropped and caught by and into tote 248 shown in combination with drop catch module 32.”).
Regarding claim 9, as shown in claim 1, Lert teaches
wherein the depositing device is configured to separate the one or more products from the container by moving the container (para 0043, i.e. “Pushers 230, 232 advance case 88 down stream inversion module 28 toward separation module 30 where an additional arm 132 may be provided to remove case material from the bottom of case 88.” With the case material removed, the eaches contained within the now stripped case are driven to the each separation table 30.).
Regarding claim 10, as shown in claim 9, Lert teaches
wherein the moving includes lifting the container to separate the one or more products from the container (para 0042, i.e. “Arm 190 of case material removal module 132 may have vacuum head 192 and be driven by multi axis drive 194, 196 where vacuum head 192 is positionable in one or more of directions/axes with rotary drive 194 and vertical linear drive 196. Here, vacuum head 192 may have multiple bladders with or without plates and is adapted to grip an relocate/position cardboard case lids, case plastic wrap, product or groups of eaches or the base of the case alone or in combination. By way of example, vacuum head 192 may pick or position any of the foregoing from a base or conveyor and place to the trash conveyor.” and para 0043, “Pushers 230, 232 advance case 88 down stream inversion module 28 toward separation module 30 where an additional arm 132 may be provided to remove case material from the bottom of case 88.”).
Regarding claim 11, as shown in claim 9, Lert teaches
wherein the moving includes sliding the container to separate the one or more products from the container (para 0042, i.e. “Here, vacuum head 192 may have multiple bladders with or without plates and is adapted to grip an relocate/position cardboard case lids, case plastic wrap, product or groups of eaches or the base of the case alone or in combination. By way of example, vacuum head 192 may pick or position any of the foregoing from a base or conveyor and place to the trash conveyor.” The act of picking up the container by the head 192 is equivalent to sliding the container off of the eaches.).
Regarding claim 13, as shown in claim 1, Lert teaches
wherein the cut line is along each of the multiple side walls (para 0041, “Router bit 162 may have a radiused cutting edge that rotates about the router spin axis where bit cuts completely through the cardboard bottom and side.”).
Regarding claim 14, as shown in claim 1, Lert teaches
a container prepping device (first 132 before flipping mechanism 28) that is configured to prepare the top for removing the one or more products from the container after the cut and before the flip (par 0039, “With the top of case 88 now ready to be removed, guides 90, 92 urge case 88 in direction 80 to a position where suction arm 132 can remove the top and place it onto a separate conveyor (not shown) for trash or recycling. With the top of case 88 now removed, guides 90, 92 urge case 88 in direction 80 to box inversion module 28.”).
Regarding claim 15, as shown in claim 14, Lert teaches
wherein the depositing device is further configured to discard the container after the one or more products are separated from the container (para 0042, “4) inversion module 28 inverts case 88, 5) arm 132 downstream of inversion module 28 removes the case bottom or base, 6) stripped case 88 of eaches only is advanced to module 30 and case bottom or base is ejected to trash via conveyor.”).
Regarding claim 16, Lert teaches
A product processing system (system in fig. 12a-b), comprising:
an automated transport system (452); and
an automated decanter (454 , equivalent to decanter 10, see para 0048) that receives containers (88) from the automated transport system and includes:
a flipping mechanism (28) configured to flip the containers (para 0043), wherein the containers have at least one side that has been cut (para 0041, “Router bit 162 may have a radiused cutting edge that rotates about the router spin axis where bit cuts completely through the cardboard bottom and side.”) and remains attached to the containers during the flip (see figs. 2a-2b where the top of the container, as annotated in fig. 3, remains attached during the flip); and
a depositing device (second 132 near 30 (see para 0043) and 30) configured to, after the containers are flipped, separate one or more products (“eaches”) within the containers from the containers (para 0043).
Regarding claim 17, as shown in claim 16, Lert teaches
wherein the automated transport system is further configured to deliver the one or more products to a product processing station (456, 462), wherein the product processing station includes one or more of (462), or shipping stations (para 0048, “Further, order totes or product totes—single or mixed sku may be placed in transportable racks 464 for transport by truck or otherwise to another facility or location”).
Regarding claim 18, as shown in claim 17, Lert teaches
wherein the storage systems include an automated storage and retrieval system (para 0048).
Regarding claim 19, as shown in claim 16, Lert teaches
a cutting tool (22, 26) configured to make the cut (para 0037, 0039).
Regarding claim 20, Lert teaches
A method of automatically decanting products (“eaches”), comprising:
cutting a container (88) along a cut line proximate a top of the container (para 0039, see fig. 3 and location of 110, 112 cuter which are used to cut the cutline), wherein the container includes product (“eaches”);
rotating the container (para 0043, inversion device 28); and
separating the product from the container by moving the container (second 132 near 30 (see para 0043) and 30), wherein the top remains attached to the container during the separating (see figs. 2a-2b where the top of the container, as annotated in fig. 3, remains attached during the separating).
Regarding claim 21, as shown in claim 20, Lert teaches
preparing the top of the container for the separating before the rotating (par 0039, “With the top of case 88 now ready to be removed, guides 90, 92 urge case 88 in direction 80 to a position where suction arm 132 can remove the top and place it onto a separate conveyor (not shown) for trash or recycling. With the top of case 88 now removed, guides 90, 92 urge case 88 in direction 80 to box inversion module 28.”).
Regarding claim 22, as shown in claim 20, Lert teaches
wherein the rotating is one hundred and eighty degrees (para 0043, “Inversion module 28 has rotary drive 218 provided to rotate case 88 180 degrees to present and inverted case 88 to each separation module 30.”).
Claims 1, 12-13 and 16-22 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by USPGP# 20220219857 of Tsujimori et al. (henceforth Tsujimori).
Regarding claim 1, Tsujimori teaches
An automated decanter (100), comprising:
a cutting tool (40) configured to cut a container (33) along a cut line (34, para 0101-0103, 0108), wherein the container has a bottom (see annotated fig. 8h), a top (see annotated fig. 8h), and multiple side walls (see annotated fig. 8h) between the bottom and the top, and the cut line is proximate the top (para 0101, see annotated fig. 8h);
a flipping mechanism (13a,b) configured to flip the container upside down after the cut (para 0110-0112, fig. 8M); and
a depositing device (55, 56) configured to, after the container is flipped upside down, separate one or more products (36) within the container from the container (para 0059) wherein the top remains attached to the container during the flip (see figs. 8k-8m).
Regarding claim 12, as shown in claim 1, Tsujimori teaches
wherein the cut line is along a tape line on the top (figs. 8f-8h and para 0103-0104, 0107-0108).
Regarding claim 13, as shown in claim 1, Tsujimori teaches
wherein the cut line is along each of the multiple side walls (figs. 8f-8h and para 0103-0104, 0107-0108).
Regarding claim 16, Tsujimori teaches
A product processing system (system in fig. 1), comprising:
an automated transport system (52, 54); and
an automated decanter (100) that receives containers (33) from the automated transport system and includes:
a flipping mechanism (13a,b) configured to flip the containers (para 0110-0112, fig. 8M), wherein the containers have at least one side that has been cut (figs. 8d-8h) and remains attached to the containers during the flip (see figs. 8k-8m); and
a depositing device (55, 56) configured to, after the containers are flipped, separate one or more products (36) within the containers from the containers (para 0059, figs. 8k-8m).
Regarding claim 17, as shown in claim 16, Tsujimori teaches
wherein the automated transport system is further configured to deliver the one or more products to a product processing station (54), wherein the product processing station includes one or more of (para 0059),
Regarding claim 18, as shown in claim 17, Tsujimori teaches
wherein the storage systems include an automated storage and retrieval system (para 0059).
Regarding claim 19, as shown in claim 16, Tsujimori teaches
a cutting tool (40) configured to make the cut (para 0059).
Regarding claim 20, Tsujimori teaches
A method of automatically decanting products (36), comprising:
cutting a container (33) along a cut line proximate a top of the container (34, para 0101-0103, 0108), wherein the container includes product (36);
rotating the container (para 0110-0112, fig. 8M); and
separating the product from the container by moving the container (para 0059), wherein the top remains attached to the container during the flip (see figs. 8k-8m).
Regarding claim 21, as shown in claim 20, Tsujimori teaches
preparing the top of the container for the separating before the rotating (cutting with cutter 40 or grasping with gripping members 13 or suction device 18 for holding the container).
Regarding claim 22, as shown in claim 20, Tsujimori teaches
wherein the rotating is one hundred and eighty degrees (para 0104 and figs. 8j-8m).
Response to Arguments
Applicant’s arguments filed on 10/31/2025 have been fully considered:
Applicant's arguments with respect to claims 1, 16 and 20 and the reference of Lert have been considered but are not persuasive.
Applicant states “Lert does not appear to teach (or even suggest) "wherein the top remains attached to the container during the flip"
In the new interpretation of Lert, the top surface is initially on the bottom and is flipped to the top using the flipping mechanism 28. Additionally, this top surface, as annotated in fig. 3, remains attached to the container during the flip. Therefore the claims as recited are anticipated by the new interpretation of Lert.
Applicant's arguments with respect to claims 1, 16 and 20 have been considered but are moot because the arguments do not apply to the new reference of Tsujimori being used in the current rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731