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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 08/21/2026, with respect to the double patenting rejection(s) of claim(s) 1-17 and 19-21 under US 12,251,733 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 Therefore, the rejection has been withdrawn.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 12,663,815 which was issued after the non-final rejection.
Applicant's arguments filed 08/21/2026 with respect to the 102 and 103 rejections based on Lert have been fully considered but they are not persuasive. Applicant argues that Lert does not disclose that the structure data of the sorting shelf indicates a longitudinal and transversal structure of the sorting shelf and information of an available basket; and the positional information of the basket unit indicates a position of the basket unit in a coordinate system composed of the sorting shelf. However, though Lert does not use terms longitudinal and transversal, these can be equated to any two dimensional storage structure face such as those disclosed in Lert, and Lert knows the positions of all of its baskets in system to route robots to them (para 0041, 0158, figure 3C). Additionally applicant argues that Lert does not disclose wherein the server is configured to control sorting batches, sorting orders, and multiple three-dimensional sorting robots, and to establish the binding relationship between the three- dimensional sorting robots and the sorting shelves for a certain batch and a certain order; and the server executes releasing and order updating steps to release a current binding relationship after an order is completed, so as to realize the three-dimensional sorting without limiting the baskets or sorting shelves. However, Lert clearly discloses wherein the server is configured to control sorting batches, sorting orders, and multiple three-dimensional sorting robots, and to establish the binding relationship between the three- dimensional sorting robots and the sorting shelves for a certain batch and a certain order; and the server executes releasing and order updating steps to release a current binding relationship after an order is completed, so as to realize the three-dimensional sorting without limiting the baskets or sorting shelves by assigning totes and robots for specific tasks until there respective tasks are completed (para 0051, 0154). For at least the foregoing reasons the 102 and 103 rejections based on Lert are maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1,3,4,8,10,11 and 13-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,663,815. Although the claims at issue are not identical, they are not patentably distinct from each other because The present claims are in general broader than those previously allowed.
The subject matter of claim 1 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 3 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 4 is disclosed in claim 6 of US 12,663,815.
The subject matter of claim 8 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 10 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 11 is disclosed in claim 6 of US 12,663,815.
The subject matter of claim 13 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 14 is disclosed in claim 1 of US 12,663,815.
The subject matter of claim 15 is disclosed in claim 6 of US 12,663,815.
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) 1,6-8,11-13,15-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lert US 2014/0288696.
Lert discloses a three-dimensional sorting method, wherein the three-dimensional sorting
method comprises:
(Re claim 1) “an acquiring step, comprising acquiring identity information of a target sorting shelf, wherein the identity information comprises: structure data of the sorting shelf and/or positional
information of a basket unit in the sorting shelf” (abstract, para 0043, 0063) all locations of all totes on all shelves is maintained by the system to direct picks and puts. “wherein the structure data of the sorting shelf indicates a longitudinal and transversal structure of the sorting shelf and information of an available basket; and the positional information of the basket unit indicates a position of the basket unit in a coordinate system composed of the sorting shelf (figure 3C). Each shelf has a two-dimensional face which reads on longitudinal and transversal structure. “a binding step, comprising binding the identity information of the target sorting shelf to information of the three-dimensional sorting robot, wherein the binding relationship is associated through a target order of a server” (‘assigning them the tasks’ para 0158). “a sorting step, comprising sorting goods to be sorted according to the identity information of the shelf under a sorting task of the target order” (‘o-totes’ para 0029, 0041, 0123). “wherein the server is configured to control sorting batches, sorting orders, and multiple three-dimensional sorting robots, and to establish the binding relationship between the three-dimensional sorting robots and the sorting shelves for a certain batch and a certain order; and the server executes releasing and order updating steps to release a current binding relationship after an order is completed, so as to realize the three-dimensional sorting without limiting the baskets or sorting shelves (‘CCS’ 130 figure 2A, ‘assigned’ para 0051, 0154).
(Re claim 6) “an order updating step, comprising: updating a current order condition to be completed when all goods of the target order are put; and releasing a binding relationship of a current shelf and the sorting robot” (para 0041) Completed orders are shipped from the facility.
(Re claim 7) “wherein a plurality of sorting robots are provided; and during a period of executing the target order, the binding relationship of the three-dimensional sorting robot and the target sorting shelf is sole” (para 0158). The bots are assigned to a specific tote on a specific shelf.
(Re claim 20) “updating a current order condition to be completed when all goods of the target order are put; and releasing a binding relationship of a current shelf and the sorting robot” (para 0041) Completed orders are shipped from the facility.
Lert discloses a three-dimensional sorting robot, wherein the three-dimensional sorting robot
comprises:
(Re claim 8) “an acquiring unit, configured to acquire identity information of a target sorting shelf, wherein the identity information comprises: structure data of the sorting shelf and/or positional
information of a basket unit in the sorting shelf” (abstract, para 0043, 0063). “wherein the structure data of the sorting shelf indicates a longitudinal and transversal structure of the sorting shelf and information of an available basket; and the positional information of the basket unit indicates a position of the basket unit in a coordinate system composed of the sorting shelf (figure 3C). Each shelf has a two-dimensional face which reads on longitudinal and transversal structure. “a binding unit, configured to bind the identity information of the target sorting shelf to information of the three-dimensional sorting robot, wherein the binding relationship is associated through a target order of a server” (‘assigning them the tasks’ para 0158). “a sorting unit, configured to sort goods to be sorted according to the identity information of the shelf under a sorting task of the target order” (‘o-totes’ para 0029, 0041, 0123). “wherein the server is configured to control sorting batches, sorting orders, and multiple three-dimensional sorting robots, and to establish the binding relationship between the three-dimensional sorting robots and the sorting shelves for a certain batch and a certain order; and the server executes releasing and order updating steps to release a current binding relationship after an order is completed, so as to realize the three-dimensional sorting without limiting the baskets or sorting shelves (‘CCS’ 130 figure 2A, ‘assigned’ para 0051, 0154).
(Re claim 11) “parsing sorting information of the goods to be sorted, wherein the sorting information carries a correspondence relationship with a certain basket unit in the sorting shelf” (para 0158). “looking up the correspondence relationship table, and acquiring a coordinate value of the
basket unit in a three-dimensional coordinate system composed of the sorting shelf” (para 0158). “indexing the coordinate value and positioning, and putting the goods to be sorted into the
basket unit” (para 0041, 0158). The o-totes are assigned to specific orders and the goods are placed in the o-totes.
(Re claim 12) “a plurality of three-dimensional sorting robots are provided; and during a
period of executing the target order by the sorting unit, the binding relationship of the three-dimensional sorting robot and the sorting shelf is sole” (para 0158). The bots are assigned to a specific tote on a specific shelf.
Lert discloses a three-dimensional sorting system, wherein the three-dimensional sorting
system comprises: a three-dimensional sorting robot, a server and a sorting shelf, wherein the three-dimensional sorting robot executes following steps:
(Re claim 13) “an acquiring step, comprising acquiring identity information of a target sorting shelf, wherein the identity information comprises: structure data of the sorting shelf and/or positional
information of a basket unit in the shelf” (abstract, para 0043, 0063). “wherein the structure data of the sorting shelf indicates a longitudinal and transversal structure of the sorting shelf and information of an available basket; and the positional information of the basket unit indicates a position of the basket unit in a coordinate system composed of the sorting shelf (figure 3C). Each shelf has a two-dimensional face which reads on longitudinal and transversal structure. “a binding step, comprising binding the identity information of the target sorting shelf to information of the sorting robot, wherein the binding relationship is associated with a target order through executing by the server” (‘assigning them the tasks’ para 0158). “a sorting step, comprising sorting goods to be sorted according to the identity information of the shelf under a sorting task of the target order” (‘o-totes’ para 0029, 0041, 0123). “wherein the server is configured to control sorting batches, sorting orders, and multiple three-dimensional sorting robots, and to establish the binding relationship between the three-dimensional sorting robots and the sorting shelves for a certain batch and a certain order; and the server executes releasing and order updating steps to release a current binding relationship after an order is completed, so as to realize the three-dimensional sorting without limiting the baskets or sorting shelves (‘CCS’ 130 figure 2A, ‘assigned’ para 0051, 0154).
(Re claim 15) “parsing sorting information of the goods to be sorted, wherein the sorting information carries a correspondence relationship with a certain basket unit in the sorting shelf” (para 0041, 0158). “looking up the correspondence relationship table, and acquiring a coordinate value of the basket unit in a three-dimensional coordinate system composed of the sorting shelf” (para 0041, 0158). “indexing the coordinate value and positioning, and putting the goods to be sorted into the basket unit” (para 0041, 0158). The o-totes are assigned to specific orders and the goods are placed in the o-totes.
(Re claim 17) “the server executes releasing and order updating steps: updating a current order condition to be completed when all goods of the target order are put; and releasing a binding relationship of a current shelf and the sorting robot” (para 0041) Completed orders are shipped from the facility.
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) 2,9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lert in view of Lert Jr. et al. US 2018/0150793.
(Re claim 2) Lert discloses the system as rejected above and totes with different size liners.
Lert does not disclose acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and
generating a correspondence relationship table of the goods to be sorted and the basket unit.
Lert Jr. teaches acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and
generating a correspondence relationship table of the goods to be sorted and the basket unit (para 0062, 0066).
It would have been obvious to one skilled in the art to modify the system of Lert to include acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and generating a correspondence relationship table of the goods to be sorted and the basket unit because it allows for the most efficient use of space.
(Re claim 9) Lert does not disclose acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and generating a correspondence relationship table of the goods to be sorted and the basket unit.
Lert Jr. teaches acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and generating a correspondence relationship table of the goods to be sorted and the basket unit (para 0062, 0066).
It would have been obvious to one skilled in the art to modify the system of Lert to include acquiring attribute data of the basket unit of the sorting shelf, wherein the attribute data comprise: one or a combination of more of dimensional data, volumetric data and type data; and matching the goods to be sorted in the target order according to the attribute data, and generating a correspondence relationship table of the goods to be sorted and the basket unit because it allows for the most efficient use of space.
(Re claim 21) “parsing sorting information of the goods to be sorted, wherein the sorting information carries a correspondence relationship with a certain basket unit in the sorting shelf” (para 0041, 0158). “looking up the correspondence relationship table, and acquiring a coordinate value of the basket unit in a three-dimensional coordinate system composed of the sorting shelf” (para 0041, 0158). “indexing the coordinate value and positioning, and putting the goods to be sorted into the basket unit” (para 0041, 0158). The o-totes are assigned to specific orders and the goods are placed in the o-totes.
Allowable Subject Matter
Claims 3-5, 10 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The present prior art of record does not disclose acquiring the identity information through reading a label provided on the target sorting shelf by RFID, wherein the label carries structure data of the sorting shelf and/or positional information of the basket unit, wherein: the structure data of the sorting shelf refer to a longitudinal and transversal structure of the sorting shelf and positional information of an available basket unit; and the positional information of the basket unit refers to a position of the basket unit in a coordinate system composed of the sorting shelf.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/ Primary Examiner, Art Unit 3655
