DETAILED ACTION
This is a Non-final office action on the merits. The U.S. Patent and Trademark Office (the Office) has received claims 1-20 in application number 18/735,914. Claims 1-20 are pending and have been examined on the merits.
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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Examiner is using the “step” annotation from the flowchart of MPEP 2106 (III), and MPEP 2106.04 and MPEP 2106.05 for clarity.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Independent Claim 1 and dependent claims 2-7 recite a method and fall into the process category of invention. Independent Claim 8 and dependent claims 9-14 recite system that includes an aisle controller that is interpreted as a computer and a processor thereby falling into the machine category of invention. Independent Claim 15 and dependent claims 16-20 recite an apparatus containing a processor and a memory thereby falling into the machine category of invention.
Step 2A, prong 1:
Applicant recites the following elements in Independent Claim 8 (and similarly in Claims 1 and 15):
A system comprising: an aisle controller; and one or more processors in communication with the aisle controller, the one or more processors configured to: receive, from the aisle controller, (i) an indication of a first load for retrieval by a shuttle that is configurable to simultaneously transport a plurality of loads and (ii) an indication of a first retrieval location for the first load; receive (a) an indication of a second load for retrieval by the shuttle and (b) an indication of a second retrieval location for the second load; determine a first loading position on the shuttle for placing the first load based at least in part on the first retrieval location and the second retrieval location; and cause the shuttle to place the first load in the first loading position based at least in part on determining the first loading position.
Examiner has bolded the elements that are part of the abstract idea.
These elements recite acquiring information relating to two loads ready for pickup including their present location in a warehouse, determining a position on a vehicle where one load can be placed for transport, then picking up that load and placing it in the determined position on the transport. These elements represent an abstract idea in the category of Certain Methods of Organizing Human Activity in the subcategory of Commercial or Legal interactions because it is a common commercial practice to transport items in a commercial warehouse and transporting an item inherently requires a physical space on any transport entity.
Claims 1, 8 and 15 thus recite an abstract idea. Dependent Claims 2-7, 9-14 and 16-20 contain the same abstract idea by virtue of their dependency on Claims 1, 8 and 15. Accordingly Claims 1-20 recite an abstract idea.
Step 2A, prong 2:
In addition to the abstract idea discussed above, Claim 8 also recites the following additional elements:
aisle controller – Applicant defines aisle controller in their specification at ([0041] “the term “aisle controller” refers to a computing device that is configurable to perform any one or more of the operations described herein”). Applicant does not make any detailed technical disclosure of any special features or technologies or benefits relating to Applicant’s inventive concept. The aisle controller is thus a general purpose computer.
processor – Applicant defines processor in in their specification at ([0025] “a shuttle may be equipped with one or more control systems, such as one or more computing devices (e.g., including one or more processors)”) and describes a processor in at least [0057] as a general purpose computer that can take one of many physical forms. Applicant does not make any detailed technical disclosure of any special features or technologies or benefits relating to Applicant’s inventive concept. The processor is thus a general purpose computer.
shuttle – Applicant defines shuttle in their specification at ([0025] “the term “shuttle” refers to a device or component that transports one or more loads (e.g., items, objects, payloads, products) to one or more locations within a system”). Applicant does not make any detailed technical disclosure of any special features or technologies or benefits relating to Applicant’s inventive concept. The shuttle is thus a general purpose vehicle.
Applicant also recites the addition element memory in claim 15:
memory – Applicant defines memory in [0112] as one of many different technologies that stores data as part of a general purpose computer. Applicant does not make any detailed technical disclosure of any special features or technologies or benefits relating to Applicant’s inventive concept. The memory is thus part of a general purpose computer.
MPEP 2106.05(f)(2) states “Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application”.
As discussed, the additional elements aisle controller, processor, shuttle and memory are broadly claimed and used in their ordinary capacity with no detailed technical disclosure of any special features or technologies and, thus, they do not integrate the abstract idea into a practical application.
The claims as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limitations on practicing the abstract idea. Claims 1- 20 are therefore directed to an abstract idea.
Step 2B: As discussed above, Applicant claims the abstract idea of acquiring information relating to two loads ready for pickup including their present location in a warehouse, determining a position on a vehicle where one load can be placed for transport, then picking up that load and placing it in the determined position on the transport. As discussed above, Applicant also recites the additional elements of: aisle controller, processor, shuttle and memory.
As discussed above with respect to Step 2A, the claimed aisle controller, processor, shuttle and memory are hardware recited at a high level of generality and amount to no more than instructions to apply the exception using general purpose computer systems. MPEP 2106.05(f) states that merely adding a general purpose computer or computer components to an abstract idea does not amount to significantly more, thus aisle controller, processor, shuttle and memory are not significantly more.
The additional elements alone or in combination do not improve the functioning of a computer or any other technology or technological field. The additional elements alone or in combination do not apply the judicial exception to a particular (non-general purpose) machine. The additional elements alone or in combination do not effect a transformation or reduction of a particular article to a different state or thing. Applicant does not claim or teach in their specification any special purpose hardware or improvements thereof. Therefore, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Dependent Claims 2, 9 and 16 further limit the present location in the warehouse and contain the same abstract idea by virtue of their dependency on Claims 1, 8 and 15, respectively. Dependent Claims 3-5, 10-12 and 17-19 further limit the loading function and contain the same abstract idea by virtue of their dependency on Claims 1, 8 and 15, respectively. Dependent Claims 6, 7, 13, 14 and 20 further limit shuttle and contain the same abstract idea by virtue of their dependency on Claims 1, 8 and 15, respectively.
Claims 1-20 are not patent eligible.
Claim Rejections - 35 USC § 102
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.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication 2003/0149644 (Stingel).
Regarding Claims 1, 8 and 15:
Stingel teaches a load delivery system that loads delivery vehicles by first in-last out (FILO). Stingel teaches: (Claim 8 is used as exemplary) A system comprising: an aisle controller; Examiner is interpreting Applicant’s “aisle controller” to be a general purpose computing device. This interpretation is reasonable in view of Applicant’s specification at ([0041] “the term “aisle controller” refers to a computing device that is configurable to perform any one or more of the operations described herein”). Stingel teaches: ([0048] “a product release processor (PRP) 110” and [0053] “PRP 110 can determine pallet configuration data specifying arrangements of cases for placement on one or more pallets. By determining pallet configuration data, the control system 105 provides direction to the automated material handling machinery 115. The pallet configuration data can specify the case release sequence and routing of pallets and cases throughout the material handling machinery 115 when the pallet is physically constructed. More particularly, the pallet configuration data can specify the order in which cases are to be released from various storage locations, which storage locations are to release cases, the routing of cases throughout the material handling system 115, as well as the manner and order in which cases are to be added and placed onto pallets”).
and one or more processors in communication with the aisle controller, ([0068] “robots 220 can add cases to pallets in a case by case manner using case attributes such as the dimensions of cases” and [0065] “The automated material handling system 200 can include various material handling machinery components and/or systems such as… robots 220”).
the one or more processors configured to: receive, from the aisle controller, (i) an indication of a first load for retrieval by a shuttle that is configurable to simultaneously transport a plurality of loads and (ii) an indication of a first retrieval location for the first load; receive (a) an indication of a second load for retrieval by the shuttle and (b) an indication of a second retrieval location for the second load; ([0070] “pallets can be provided to the appropriate loading dock in sequential order for loading on an assigned delivery vehicle. The pallets can be provided to the loading dock in "first in last out" (FILO) fashion for efficiently servicing delivery stops of the delivery routes”).
determine a first loading position on the shuttle for placing the first load based at least in part on the first retrieval location and the second retrieval location; and cause the shuttle to place the first load in the first loading position based at least in part on determining the first loading position. ([0082] “the loading sequence for loading the pallets onto the delivery vehicles also can be determined… product can be loaded in FILO fashion so that products designated for customers positioned at the beginning of a delivery route can be located closest to the loading doors of the delivery vehicle”).
Regarding Claims 2, 9 and 16:
Stingel teaches all of the elements of Claims 1, 8 and 15. Stingel also teaches: (Claim 9 is used as exemplary) The system of claim 8, wherein the one or more processors are further configured to: determine that the first retrieval location and the second retrieval location are on a same side of the shuttle, wherein the first loading position is based at least in part on the determining that the first retrieval location and the second retrieval location are on the same side of the shuttle. ([0056] “delivery vehicles having side door access to the payload compartment” and [0064] “product can be removed from pallets from top to bottom and/or side to side in sequence with the stops on the delivery route”).
Regarding Claims 3, 10 and 17:
Stingel teaches all of the elements of Claims 1, 8 and 15. Stingel also teaches: (Claim 10 is used as exemplary) The system of claim 8, wherein the one or more processors are further configured to: cause the shuttle to place the second load in a second loading position without repositioning the first load. ([0082] “the loading sequence for loading the pallets onto the delivery vehicles also can be determined… product can be loaded in FILO fashion so that products designated for customers positioned at the beginning of a delivery route can be located closest to the loading doors of the delivery vehicle”).
Regarding Claims 4, 11 and 18:
Stingel teaches all of the elements of Claims 1, 3, 8, 10, 15 and 17. Stingel also teaches: (Claim 11 is used as exemplary) The system of claim 10, wherein the second loading position is closer to an outer edge of the shuttle than the first loading position. ([0082] “the loading sequence for loading the pallets onto the delivery vehicles also can be determined… product can be loaded in FILO fashion so that products designated for customers positioned at the beginning of a delivery route can be located closest to the loading doors of the delivery vehicle”).
Regarding Claims 5, 12 and 19:
Stingel teaches all of the elements of Claims 1, 8 and 15. Stingel also teaches: (Claim 12 is used as exemplary) The system of claim 8, wherein the first loading position is based at least in part on a load delivery sequence. ([0082] “the loading sequence for loading the pallets onto the delivery vehicles also can be determined… product can be loaded in FILO fashion so that products designated for customers positioned at the beginning of a delivery route can be located closest to the loading doors of the delivery vehicle”).
Regarding Claims 6, 13 and 20:
Stingel teaches all of the elements of Claims 1, 8 and 15. Stingel also teaches: (Claim 13 is used as exemplary) The system of claim 12, wherein the one or more processors are further configured to: receive, from the aisle controller, an indication of the load delivery sequence. ([0065] “The automated material handling system 200 can include various material handling machinery components and/or systems such as… robots 220… Each of the aforementioned components of the automated material handling system 200 can be operated under the control of the PRP 110 and various programmable logic controllers (PLCs) 245”).
Regarding Claims 7 and 14:
(Claim 14 is used as exemplary) The system of claim 8, wherein the shuttle comprises the one or more processors. ([0068] “robots 220 can add cases to pallets in a case by case manner using case attributes such as the dimensions of cases” and [0065] “The automated material handling system 200 can include various material handling machinery components and/or systems such as… robots 220”).
Relevant Prior Art Not Relied Upon
The prior art is made of record and not relied upon is considered pertinent to applicant’s disclosure. The additional cited art further establishes the state of the art at the time of applicant’s application.
U.S. Patent Publication 2020/0357040 (Patel) teaches a central management system planning the loading sequence of delivery vehicles using LIFO (see at least [0091] and [0101]) so products do not need to be re-arranged at each stop to deliver each order.
U.S. Patent Publication 2016/0207710 (Conrad et. al.) teaches an automated storage and retrieval system that uses autonomous transport vehicles to move items around a warehouse and teaches a central computer that generates loading sequences that are matched to each side of an autonomous transport vehicles (see at least [0054]). Also see other similar publications from Applicant “Symbotic”: U.S. Patent Publications 2016/0167880, 2016/0207709, 20190389671 and 20210147146.
U.S. Patent Publication 2002/0179502 (Cerutti) teaches an article sortation system that optimizes the sequence of onloading and offloading of articles by downstream stations based on those on the same side of the transport unit (see at least [0045] [0052] and [0060]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY S BURSUM whose telephone number is (571)272-8213. The examiner can normally be reached M-F 9:30 AM - 6:30 PM.
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/KIMBERLY S. BURSUM/ Examiner, Art Unit 3627