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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 6th, 2025 has been entered.
Response to Amendment
The amendment filed November 6th, 2025 has been entered. Claims 1, 3-4, 6 and 8 have been amended. Claims 1 and 3-10 remain pending. Applicant’s amendments to the claims overcome the 112(a) and 112(b) rejections previously set forth in the Final Office Action mailed August 8th, 2025.
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.
Claims 1, 3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mohammed (US 11027923).
Regarding claim 1, Mohammed (US 11027923) teaches a bin multiplexing system (Col. 1 lines 5-21) comprising:
a conveyor belt (Fig. 1 #105) configured for receiving a plurality of parcels (Fig. 1 #115) from a parcel sorter (Col. 4 lines 9-25);
multiple diverter mechanisms (Fig. 1 #110, Col. 2 lines 15-16) operably coupled to the conveyor belt (Col. 2 lines 26-35), each diverter mechanism configured to move one or more parcels of the plurality of parcels from the conveyor belt (Col. 2 lines 26-35), wherein each diverter mechanism is configured to provide in-line sorting of the one or more parcels of the plurality of parcels received from the parcel sorter (Col. 2 lines 26-35); and
a plurality of sorting containers (Fig. 1 #130) positioned beneath at least one of a portion of the conveyor belt or the multiple diverter mechanisms (Fig. 1 #130 positioned beneath #105 and #110), each sorting container configured to receive, from a respective corresponding one of the diverter mechanisms (Col. 2 lines 41-46), the one or more parcels of the plurality of parcels from the conveyor belt (Col. 2 lines 61-65).
Regarding claim 3, Mohammed (US 11027923) teaches the bin multiplexing system of claim 1, wherein the plurality of sorting containers (Fig. 1 #130) comprises a plurality of intermediate bins (Fig. 1 #120) and wherein the system further comprises one or more output containers (Fig. 1 #130) configured to receive the parcels from the plurality of intermediate bins (Fig. 1 #130 receives #115 from #120).
Regarding claim 5, Mohammed (US 11027923) teaches the bin multiplexing system of claim 3, further comprising a stop flap mechanism (Fig. 1 #125) positioned between the plurality of intermediate bins and the one or more output containers (Fig. 1 #125 positioned between #120 and #130).
Regarding claim 6, Mohammed (US 11027923) teaches the bin multiplexing system of claim 5, wherein the stop flap mechanism (Fig. 1 #125) is operable to selectively discharge the parcels to the one or more output containers (Col. 2 lines 51-62).
Regarding claim 7, Mohammed (US 11027923) teaches the bin multiplexing system of claim 6, further comprising one or more sensors (Col. 5 lines 24-32) configured to detect whether the one or more output containers (Fig. 1 #130) is in one or more of a full container condition (Col. 5 lines 23-32), a correct container condition (Col. 7 lines 8-18), or a no container condition (Col. 5 lines 47-56).
Regarding claim 8, Mohammed (US 11027923) teaches the bin multiplexing system of claim 7, wherein the stop flap mechanism (Fig. 1 #125) is configured to:
temporarily store the parcels (Col. 3 lines 7-22) in response to detection of a full container condition (Col. 5 lines 23-32) or a no container condition (Col. 5 lines 47-56); and
discharge the parcels (Col. 7 lines 21-30) in response to detection of a correct container condition (Col. 7 lines 8-18).
Regarding claim 9, Mohammed (US 11027923) teaches the bin multiplexing system of claim 3, further comprising one or more automated guided vehicles (Col. 5 lines 41-46, “robotic mover”) configured for automatically exchanging filled ones of the one or more output containers for a respective an empty output container (Col. 5 lines 41-46).
Regarding claim 10, Mohammed (US 11027923) teaches the bin multiplexing system of claim 1, wherein the plurality of sorting containers (Fig. 1 #130) comprises one or more output containers (Col. 2 lines 39-41).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mohammed (US 11027923) in view of Fortenbery (US 6095314).
Regarding claim 4, Mohammed (US 11027923) lacks teaching the bin multiplexing system of claim 3, further comprising an angled chamber positioned between the plurality of intermediate bins and the one or more output containers, wherein the angled chamber is configured to direct the parcels toward the one or more output containers.
Fortenbery (US 6095314) teaches the bin multiplexing system (Col. 5 lines 56-65, each “multi-cell chute”), further comprising an angled chamber (Fig. 2 ‘A’, ‘B’, ‘C’, Col. 4 lines 1-10) positioned between the plurality of intermediate bins and the one or more output containers (Fig. 2 ‘A’, ‘B’, ‘C’ positioned between #13, 14, 15 and #13’, 14’, 15’), wherein the angled chamber is configured to direct the parcels toward the one or more output containers (Col. 3 line 59-Col. 4 line 10).
Fortenbery (US 6095314) explains that the angled chambers capture the articles and may hold the articles until they are discharged (Col. 3 lines 4-6), and states that the angled chambers provide for transitioning the articles and further guiding and directing the articles as they move from the sorter conveyor, and may have a variety of orientations to ensure the articles do not become stuck (Col. 4 lines 1-10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Mohammed (US 11027923) to include an angled chamber positioned between the plurality of intermediate bins and the one or more output containers, wherein the angled chamber is configured to direct the parcels toward the one or more output containers as taught by Fortenbery (US 6095314) in order to transition and guide the parcels into the output containers in an orientation to ensure the parcels do not become stuck.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 , 3-6 and 10 have been considered but 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.
Applicant's arguments regarding the teachings of Fortenbery have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that Fortenbery fails to disclose or suggest multiple diverter mechanisms operably coupled to the conveyor belt, each diverter mechanism configured to move one or more parcels from the conveyor belt and configured to provide in-line sorting, the Examiner would like to clarify that Fortenbery teaches this feature by stating “The sorter may include other diverters for moving packages off the conveyor belt and into the other three chutes illustrated in Fig. 1” (Col. 2 lines 43-46) and “the sorter controller pivots the diverter at its pivot point as shown by the arrow. Eventually the conveyor belt moves the package until it contacts the vertical surface of the diverter which guides the package into the chute” (Col. 2 lines 50-54).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653