DETAILED 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 .
Claim Objections
Claims 1-10 are objected to because of the following informalities:
Regarding claim 1, in the preamble, Applicant should insert “an before “automated handling unit”.
Regarding claims 2-6, In the preamble, “Unit” should be “The unit”, Examiner recommends changing the phrase to “The automated handling unit”.
Regarding claim 7, in the preamble, “Distributor” should be “A distributor”.
Regarding claims 8-9, “distributor” should be “The distributor”.
Regarding claim 10, “Pharmacy counter”, should be “A pharmacy counter”.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Page 4, line 24, in Fig. 1, the automated handling unit, Ref. 1 is not labeled on the figure.
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. 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 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.
Claims 7 and 10 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.
Relative to claim(s) 7 and 10, it is not clear as to whether the claim is intended to independent or dependent. It appears that the claim(s) is/are intended to be independent claim(s) that incorporates the limitations of claim 1.
Since the claim(s) does/do not appear to further limit independent claim(s) 1, claim(s) 7 and 10 have been interpreted as independent.
For claim 7, If Applicant intends the claim(s) to be an independent claim, Applicant should replace “according to claim 1” with the limitations of claim 1 listed out. For instance, Applicant may recite:
“ A distributor of boxed items comprising an automated handling unit, the automated handling comprising, boxed items being arranged...” .
Similarly, for claim 10, it is not clear as to whether the Applicant intends to include the limitations of claim 1 and 7. Examiner has interpreted the claim to include the limitations of claim 1. Applicant should list out the limitations of the claims to be put into proper independent form.
Appropriate clarification is required.
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.
Claim(s) 1-6, and 10 (as understood by the Examiner) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Menga (Italian Publication No. TO20110377 A1). Relative to claims 1-6, Menga discloses:
claim 1) an automated handling unit (see handling and picking unit) for boxed items (A)(Fig. 1)(See English translation of Specification, Page 6, Para. 3),
said boxed items (A) being arranged along a predominant development direction (see boxes arranged horizontally along each shelf 9) at least at one storage surface (see surface of shelves 9)(Fig. 1) in such a way as to define at least one row (see Fig. 1), and
said unit (11) being adapted to selectively handle said boxed items to alternately carry out the unloading and storage steps of said boxed items (see English translation of Specification, Page 6, Para. 3) and including:
a frame (see frame of Ref. 11)(Fig. 2) movable with respect to said storage surface (9) and including a handling surface (18)(Fig. 2) capable of being positioned adjacent to said storage surface (9) aligned with said storage surface and at said predominant development direction and movable along a central axis which can be aligned with said predominant development direction so as to be able to translate said boxed items (A) placed therein along at least said predominant development direction (Fig. 1)(Page 7, Para. 1);
gripping bars (33, 34)(Fig. 2) developing near said handling surface (18) parallel to said predominant development direction and mutually side by side and spaced apart so as to be able to flank at least part of said row and configured to engage and translate at least part of said boxed items of said row (See English translation of Specification, Page 7, Para. 5, Fig. 2);
a hindering means (40)(Fig. 2) positioned close to said handling surface (18) and configured to stop said boxed items (A) while moving on said handling surface (18) at a position occupied by said hindering means (English translation of Specification, Page 8, Para. 2),
the handling surface (40)(Fig. 2) including a slit (39)(Fig. 2) developing continuously along said central axis (see slit 39 in Fig. 2), and
said hindering means (40)(Fig. 2) is at least partially housed in said slit (39) and is configured to move in said slit along said central axis in such a way as to be able to vary the occupied position on said handling surface (18) and to simultaneously push one or more of said boxed items along said central axis (English translation of Specification, Page 8, Para. 2)(Fig. 2).
claim 2) said frame (included in Ref. 11) includes a pair of tracks mutually side by side, separated by said slit (39) and forming, at their own same side, said handling surface (18) and movement means are configured to move said tracks specularly (see surface 18 on either side of the slit; Fig. 2; English translation of Specification, Para. 5, and electric motors for the movement means, Page 7, Para. 6; Page 8, Para. 1);
claim 3) said movement means include at least two end rolling elements mutually spaced along said central axis (see electric motor), for both or each said track, configured to tension each said track and rotate said tracks proportionally to a rotation of said rolling elements around their own rotation axis transverse to said central axis (see Fig. 2, 4, English translation of Specification, Page 7, Para. 6).
claim 4) said hindering means (40) includes a head (see top of Ref. 40)(Fig. 3) protruding from said slit (39) transversely to said handling surface (18) and including at least one contact area adapted to contact one of said boxed items (A) for obstructing or pushing it (Page 8, Para. 3, pusher contacts articles A), a body integral with said head and housed in said slit (see body of Ref. 40)(Fig. 2), and translation means facing a side of said handling surface (18) opposite to said head and configured to move said body along said central axis (See English translation of Specification, Page 8, Para. 6, pusher stops the articles when the articles press against it)(Fig. 2-3);
claim 5) said gripping bars (33, 34) are configured to translate with respect to said handling surface specularly along said central axis in such a way as to selectively approach one or more of said boxed items (Fig. 2)(See English translation of Specification, Page 7, Para. 5); and
claim 6) each of said gripping bars (33, 34) is telescopic and is configured to expand proportionally to its translation along said handling surface (18) in such a way as to increase its travel with respect to said handling surface at least when each of said bars extends beyond said handling surface (see Fig. 2).
Relative to claim 10, the disclosure of Menga includes:
A pharmacy counter (8) comprising a distributor (10) and automated handling unit, the automated handling unit (see Fig. 1) comprising:
a distributor (10) of boxed items (A)(Fig. 1),
an automated handling unit (see handling and picking unit) for boxed items (A)(Fig. 1)(See English translation of Specification, Page 6, Para. 3),
said boxed items (A) being arranged along a predominant development direction (see boxes arranged horizontally along each shelf 9) at least at one storage surface (see surface of shelves 9)(Fig. 1) in such a way as to define at least one row (see Fig. 1), and
said unit (11) being adapted to selectively handle said boxed items to alternately carry out the unloading and storage steps of said boxed items (see English translation of Specification, Page 6, Para. 3) and including:
a frame (see frame of Ref. 11)(Fig. 2) movable with respect to said storage surface (9) and including a handling surface (18)(Fig. 2) capable of being positioned adjacent to said storage surface (9) aligned with said storage surface and at said predominant development direction and movable along a central axis which can be aligned with said predominant development direction so as to be able to translate said boxed items (A) placed therein along at least said predominant development direction (Fig. 1)(Page 7, Para. 1);
gripping bars (33, 34)(Fig. 2) developing near said handling surface (18) parallel to said predominant development direction and mutually side by side and spaced apart so as to be able to flank at least part of said row and configured to engage and translate at least part of said boxed items of said row (See English translation of Specification, Page 7, Para. 5, Fig. 2);
a hindering means (40)(Fig. 2) positioned close to said handling surface (18) and configured to stop said boxed items (A) while moving on said handling surface (18) at a position occupied by said hindering means (English translation of Specification, Page 8, Para. 2),
the handling surface (40)(Fig. 2) including a slit (39)(Fig. 2) developing continuously along said central axis (see slit 39 in Fig. 2), and
said hindering means (40)(Fig. 2) is at least partially housed in said slit (39) and is configured to move in said slit along said central axis in such a way as to be able to vary the occupied position on said handling surface (18) and to simultaneously push one or more of said boxed items along said central axis (English translation of Specification, Page 8, Para. 2)(Fig. 2);
said storage surface (9) includes one or more floors of shelving unit (see multiple levels of shelves, Fig. 1);
the counter (8) comprising a first compartment given by a shelving unit (9) including one or more floors defining said storage surface and a second compartment given by a shelving unit including at least one floor defining said sorting surface (see multiple floors of shelf structure 8, comprising shelves 9, the shelves are divided into compartments (See Fig. 1).
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.
Claim(s) 7 (as understood by the Examiner) is/are rejected under 35 U.S.C. 103 as being unpatentable over Menga in view of Oehlerking (US PG. Pub. 2024/0383678). Menga discloses all claim limitations mentioned above, including:
A distributor of boxed items (A) comprising an automated handling unit (see handling and picking unit) for boxed items (A)(Fig. 1)(See English translation of Specification, Page 6, Para. 3),
said boxed items (A) being arranged along a predominant development direction (see boxes arranged horizontally along each shelf 9) at least at one storage surface (see surface of shelves 9)(Fig. 1) in such a way as to define at least one row (see Fig. 1), and
said unit (11) being adapted to selectively handle said boxed items to alternately carry out the unloading and storage steps of said boxed items (see English translation of Specification, Page 6, Para. 3) and including:
a frame (see frame of Ref. 11)(Fig. 2) movable with respect to said storage surface (9) and including a handling surface (18)(Fig. 2) capable of being positioned adjacent to said storage surface (9) aligned with said storage surface and at said predominant development direction and movable along a central axis which can be aligned with said predominant development direction so as to be able to translate said boxed items (A) placed therein along at least said predominant development direction (Fig. 1)(Page 7, Para. 1);
gripping bars (33, 34)(Fig. 2) developing near said handling surface (18) parallel to said predominant development direction and mutually side by side and spaced apart so as to be able to flank at least part of said row and configured to engage and translate at least part of said boxed items of said row (See English translation of Specification, Page 7, Para. 5, Fig. 2);
a hindering means (40)(Fig. 2) positioned close to said handling surface (18) and configured to stop said boxed items (A) while moving on said handling surface (18) at a position occupied by said hindering means (English translation of Specification, Page 8, Para. 2),
the handling surface (40)(Fig. 2) including a slit (39)(Fig. 2) developing continuously along said central axis (see slit 39 in Fig. 2), and
said hindering means (40)(Fig. 2) is at least partially housed in said slit (39) and is configured to move in said slit along said central axis in such a way as to be able to vary the occupied position on said handling surface (18) and to simultaneously push one or more of said boxed items along said central axis (English translation of Specification, Page 8, Para. 2)(Fig. 2);
said storage surface (9) includes one or more floors of shelving unit (see multiple levels of shelves, Fig. 1).
Menga does not expressly disclose:
at least one further sorting surface adapted to receive one or more of said boxed items,
said sorting surface is configured in such a way that said frame can move from said storage surface, and vice versa, or
when said handling surface is positioned close to said sorting surface said handling surface is aligned with said sorting surface so as to allow said handling surface to selectively handle one or more of said boxed items placed on said handling surface.
Oehlerking teaches:
at least one further sorting surface (1402)(Fig. 14A) adapted to receive one or more of said boxed items (1400)(See Fig. 14A),
said sorting surface (1402) is configured in such a way that said frame (see Ref. 1300)(Fig. 14A) can move from said storage surface (see Ref. 308)(Fig. 8C) to said sorting surface (1402), and vice versa (Para. 0044; 0064), or
when said handling surface (see surface of Ref. 1300, near Ref. 1302) is positioned close to said sorting surface (1402) said handling surface is aligned with said sorting surface (1402) so as to allow said handling surface to selectively handle one or more of said boxed items placed on said handling surface (Para. 0064)(Fig. 14A), for the purpose of providing an automated storage and retrieval system that provides efficient parcel storage, reduces delivery costs, and increases speed and efficiency of delivery (Para. 0002-0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Menga with the sorting surface as taught in Oehlerking for the purpose of providing an automated storage and retrieval system that provides efficient parcel storage, reduces delivery costs, and increases speed and efficiency of delivery.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menga in view of Oehlerking as applied to claim 7 above, and further in view of Herrschaft (US PG. Pub. 2020/0307913).
Relative to claim 8, Menga in view of Oehlerking discloses all claim limitations mentioned above, but does not expressly disclose:
a pusher positioned on said sorting surface and movable with respect to said sorting surface along at least one thrust direction in such a way as to push one or more of said boxed items, placed on said sorting surface, out of said sorting surface.
Herrshcaft teaches: a pusher (318)(Para. 0034) positioned on said sorting surface (see surface of loading end 312)(Fig. 3) and movable with respect to said sorting surface along at least one thrust direction in such a way as to push one or more of said boxed items, placed on said sorting surface, out of said sorting surface (Para. 0034), for the purpose of providing a method and apparatus for dispensing and retrieving products that is reduces manual labor, is more efficient, and is compact (Para. 0001-0003).
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the device of Menga in view of Oehlerking with the pusher as taught in Herrshcaft for the purpose of providing a method and apparatus for dispensing and retrieving products that is reduces manual labor, is more efficient, and is compact.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menga in view of Oehlerking and Herrshcaft as applied to claim 8 above, and further in view of Hellenbrand (US PG. Pub. 2014/0377050). Relative to claim 9, Menga in view of Oehlerking and Herrshcaft discloses all claim limitations mentioned above, including: a stacking unit (see tray 1302, of Oehlerking)(Fig. 14A) positioned near said sorting surface (1402) and configured in such a way that, when said pusher (see 318, of Herrschaft) pushes said one or more boxed items placed on said sorting surface out of said sorting surface (see Fig. 3 of Herrshcaft).
Menga in view of Oehlerking does not expressly disclose: the boxed items fall by gravity into said stacking unit.
Hellenbrand teaches: the boxed items fall by gravity into said stacking unit (see Fig. 1e, see box falling on surface of Ref. 21), for the purpose of providing an order-picking device that reliably and efficiently transfers medication packages by a gripper at a shelf level (Para. 0002).
It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the device of Menga in view of Oehlerking and Herrshcaft, with the boxed items falling by gravity into said stacking unit described above, as taught in Hellenbrand for the purpose of providing an order-picking device that reliably and efficiently transfers medication packages by a gripper at a shelf level.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6.
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, Gene Crawford can be reached at 571-272-6911. 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.
/YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
Prosecution Insights