The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claims 23, 27, 33, 35 and 36 are objected to because of the following informalities:
Claim 23, penultimate line, “trail” should be --trailer--.
Claim 27, penultimate line, the recitation “of a plurality” is repeated.
Claims 33 and 35, penultimate line, --the-- should be inserted before “first”.
Claim 36, line 2, --a-- should be inserted after “of” (1st occurrence).Appropriate correction is required.
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 19, 21, 22, 25, 27-29 and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corrigan et al (US 10,300,829).
Corrigan discloses a method of repositioning cargo PC within a truck or trailer 10, the method comprising:
identifying a location of cargo of interest within the truck or trailer (col. 5:35-43; col. 14:3 to col. 15:16);
shifting, using a carousel system positioned within the truck or trailer, a plurality of pieces of cargo within the truck or trailer until the cargo of interest is positioned at or proximate an opening of the truck or trailer (Figs. 1-2, 7-10, 18, 21-27); and
conveying the cargo of interest out of the truck or trailer.
Re claim 21, Corrigan discloses that shifting the plurality of pieces of cargo within the truck or trailer includes conveying, using the carousel system, a piece of cargo along a longitudinal axis of the truck or trailer corresponding to a pallet column of a plurality of pallet columns within the truck or trailer (Figs. 1-2, 7-10, 18, 21-27).
Re claim 22, Corrigan discloses that shifting the plurality of pieces of cargo within the truck or trailer includes transferring, using the carousel system, a piece of cargo across pallet columns of the truck or trailer from a first pallet column to a second pallet column, and wherein each of the first and second pallet columns corresponds to a respective longitudinal axis of the truck or trailer (Figs. 1-2, 7-10, 18, 21-27).
Re claim 25, Corrigan discloses that shifting the plurality of pieces of cargo includes moving a subset of the plurality of pieces of cargo in a circular manner along and across multiple pallet columns within the truck or trailer (col. 16:34-51).
Re claim 27, Corrigan discloses that shifting the plurality of pieces of cargo includes using internal chains 86/88 of the carousel system to convey at least one piece of cargo along a longitudinal axis of the truck or trailer corresponding to a pallet column of a plurality [of a plurality] of pallet columns within the truck or trailer.
Re claim 28, Corrigan discloses that shifting the plurality of pieces of cargo includes using rollers 78 of the carousel system to move at least one piece of cargo laterally across pallet columns of the truck or trailer from a first pallet column to a second pallet column, and wherein each of the first and second pallet columns corresponds to a respective longitudinal axis of the truck or trailer.
Re claim 29, Corrigan further discloses a method of transferring cargo between vehicles, the method comprising:
identifying a location of cargo of interest within a first vehicle (col. 5:35-43; col. 14:3 to col. 15:16);
aligning an opening of the first vehicle with an opening of a second vehicle (col. 16:52 to col. 17:45);
shifting, using a carousel system positioned within the first vehicle, a plurality of pieces of cargo within the first vehicle until the cargo of interest is positioned at or proximate the opening of the first vehicle (Figs. 1-2, 7-10, 18, 21-27); and
conveying the cargo of interest from the first vehicle into the second vehicle (col. 22:15-33).
Claim 31 is treated as per analogous clam 25 above.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 20, 30 and 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al in view of Haid (US 2022/0009731).
Re claims 20 and 30, Corrigan does not disclose that identifying the location of the cargo of interest includes identifying the location using a powered RFID tag affixed to the cargo of interest, computer vision, or a combination thereof.
However, Corrigan does disclose using identifying labels such as bar codes affixed to each cargo (col. 5:35-37).
Haid shows a substantially similar cargo transport vehicle and method of use, wherein a carousel-type conveyer system 10 (e.g., see Fig. 6c) is used to shift cargo within the vehicle until a cargo of interest is located at or proximate an opening 20 of the vehicle for subsequent conveyance thereof out of the vehicle. Each piece of cargo is identified with a tag such as a QR or bar code or RFID tag which is read by an optical sensing means of a robot (par. [0076]).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the methods of Corrigan by identifying the location of the cargo of interest using a powered RFID tag affixed to the cargo of interest, computer vision, or a combination thereof, as shown by Haid, as this would simply be an art recognized alternate equivalent means of identifying the location of cargo within a vehicle for the same purpose and in the same environment, the use of which in the methods of Corrigan would have required no undue experimentation and produced no unexpected results.
Re claim 36, Corrigan does not explicitly disclose that the second vehicle into which the cargo of interest is conveyed also includes a carousel system, and as such does not disclose:
identifying a location of a second cargo of interest within the second vehicle;
shifting, using a second carousel system positioned within the second vehicle, a plurality of pieces of cargo within the second vehicle until the second cargo of interest is positioned at or proximate the opening of the second vehicle; and
conveying the second cargo of interest from the second vehicle into the first vehicle.
However, it is believed that one of ordinary skill in the art would logically conclude that the second vehicle would (or at least clearly could) also include a second carousel system for enabling transfer of cargo between the vehicles in both directions.
In any event, Haid further discloses a method of transferring cargo between first and second vehicles, wherein both vehicles include a carousel conveying system for transferring (at least) a first cargo of interest from the first vehicle to the second vehicle and (at least) a second cargo of interest from the second vehicle to the first vehicle (Figs. 8a-b; pars. [0069] – [0070]).
As such, it also would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the method of claim 29 of Corrigan by identifying a location of a second cargo of interest within the second vehicle, shifting, using a second carousel system positioned within the second vehicle, a plurality of pieces of cargo within the second vehicle until the second cargo of interest is positioned at or proximate the opening of the second vehicle, and conveying the second cargo of interest from the second vehicle into the first vehicle, as taught by Haid, to enhance transportation efficiency and flexibility by enabling mutual transfer of cargo between the vehicles.
Re claims 37-38, when modified as above, shifting the plurality of pieces of cargo within the first vehicle and shifting the plurality of pieces of cargo within the second vehicle would obviously include moving pieces of cargo along a circular path that extended across both the first vehicle and the second vehicle, and moving pieces of cargo along the circular path would obviously include conveying a first piece of cargo from the first vehicle into the second vehicle, conveying a second piece of cargo from the second vehicle into the first vehicle, and repositioning the first piece of cargo within the second vehicle and the second piece of cargo within the first vehicle (e.g., see Fig. 8b of Haid).
Claims 23, 24, 26 and 32-35 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al in view of Kappen (US 3,129,830).
Corrigan discloses that shifting the plurality of pieces of cargo includes:
conveying a piece of cargo out of the truck or trailer and onto a mechanical apparatus 16 or 48 coupled to the truck or trailer at the opening of the truck or trailer, wherein the piece of cargo is conveyed out of the truck or trailer before shifting the cargo of interest; and
conveying the piece of cargo into the truck or trailer after the cargo of interest is positioned at or proximate the opening of the truck or trailer,
wherein conveying the piece of cargo into the truck or trailer is performed (a) after conveying the piece of cargo out of the truck or trailer and (b) without first lowering the piece of cargo to ground on which the truck or trailer sits (see col. 6:15 to col. 7:11, col. 10:43 to col. 11:6, col. 14:63 to col. 15:16, and Figs. 2, 2A and 7-10).
However, Corrigan discloses that the mechanical apparatus is a movable platform rather than mechanical arms.
Kappen shows mechanical arms 14 coupled to a truck at an opening thereof, wherein the arms have an operative position in which they assist in conveying a cargo of interest into or out of a cargo compartment 1 of the truck, and an outwardly pivoted position in which they allow maneuvering of a external cargo handling vehicle relative to the loading opening of the truck (col. 4:20-69).
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the method of Corrigan by utilizing mechanical arms instead of a platform to assist in conveying cargo into or out of the truck or trailer, as this would allow the apparatus to move to an out of the way position, thereby enabling an external cargo handling vehicle to maneuver into a position relative to the truck or trailer.
Re claim 24, Corrigan further discloses that the mechanical apparatus 16 may be moved laterally across the opening to align with a cargo of interest (col. 10:45-49, col. 15:3-9, and Figs. 2 and 9). As such, when modified as above, the method of Corrigan would obviously comprise:
after conveying the piece of cargo into the truck or trailer, moving the mechanical arms laterally across the opening of the truck or trailer until the mechanical arms were aligned with the cargo of interest positioned at or proximate the opening of the truck or trailer;
and the step of conveying the cargo of interest out of the truck or trailer would obviously include, after laterally moving the mechanical arms across the opening until the mechanical arms were aligned with the cargo of interest, conveying the cargo of interest out of the truck or trailer onto the mechanical arms.
Re claim 26, as noted above in par. 5 with respect to claim 29, Corrigan discloses a method of transferring cargo between first and second vehicles. As such, when modified as above, the method of Corrigan would obviously further comprise:
aligning the opening of the truck or trailer with an opening of another truck or trailer; and
transferring, using the carousel system and mechanical arms coupled to the truck or trailer at the opening of the truck or trailer, the cargo of interest between the truck or trailer and the other truck or trailer, wherein transferring the cargo of interest included conveying the cargo of interest into the other truck or trailer via the opening of the other truck or trailer and using the mechanical arms.
Re claims 32 and 33, when modified as above, the method of Corrigan would obviously comprise conveying the cargo of interest from the first vehicle into the second vehicle using mechanical arms coupled to the first vehicle at the opening of the first vehicle, wherein conveying the cargo of interest from the first vehicle into the second vehicle further included:
conveying the cargo of interest out of the first vehicle and onto the mechanical arms coupled to the first vehicle; and
conveying the cargo of interest from the mechanical arms coupled to the first vehicle into the second vehicle,
wherein conveying the cargo of interest from the mechanical arms coupled to the first vehicle into the second vehicle was performed (a) after conveying the cargo of interest out of the first vehicle and onto the mechanical arms coupled to the first vehicle and (b) without first lowering the cargo of interest to ground on which the first and second vehicles sit.
Re claims 34 and 35, since Corrigan discloses that the second vehicle also has a movable platform (col. 22:15-22), when modified as above, the method of Corrigan would obviously further comprise conveying the cargo of interest from the first vehicle into the second vehicle includes using mechanical arms coupled to the second vehicle at the opening of the second vehicle, wherein conveying the cargo of interest from the first vehicle into the second vehicle further included:
conveying the cargo of interest out of the first vehicle and onto the mechanical arms coupled to the second vehicle; and
conveying the cargo of interest from the mechanical arms coupled to the second vehicle into the second vehicle,
wherein conveying the cargo of interest from the mechanical arms coupled to the second vehicle into the second vehicle was performed (a) after conveying the cargo of interest out of the first vehicle and onto the mechanical arms coupled to the second vehicle and (b) without first lowering the cargo of interest to ground on which the first and second vehicles sit.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lutz (Fig. 14) and Richardson (Fig. 3) show transfer of cargo between vehicles aligned with each other. Black is similar to Kappen. The remaining references show various carousel-type vehicle cargo loading/unloading devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
1/12/26