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 .
DETAILED ACTION
This action is responsive to applicant’s initial filing of 7/5/2024. Claims 1-20 are pending and rejected.
Priority
Applicant’s claim of priority to application 15734431 filed 12/02/2020, now patent 1215894 which was a national stage 371 application of application PCT/EP/2019/06514 filed 6/11/2019 which claims priority to application NO20180813 filed 6/12/2018 in Norway and NO20181344 filed 10/19/2018 in Norway and NO20181005 filed 7/19/2018 in Norway and NO0181039 filed 8/2/2018 in Norway is acknowledged.
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.
Claim 10 is 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. Applicant has a double inclusion error in that an antecedent basis had already been supplied in base claim 1 for: “an automated storage and retrieval grid” and “a delivery system” (CL 10 L 1).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindbo ‘901 (WO2014195901) - cited on applicant’s Information Disclosure Statement and reference is present in applicant’s parent application 15734431 - which discloses all the claimed elements including:
(re: cl 11) A method of transporting a storage container between an automated storage and retrieval grid and a second location for handling items in the storage container by a robotic operator (⁋55-load handlers vehicles travel on rails, #16; ⁋56-bots accessing containers travelling on rails),
the automated storage and retrieval grid comprising a delivery column adapted for transport of a storage container between a container handling vehicle and a delivery port situated at a lower end of the delivery column (⁋60-retrieve items at lower end of stack by lifting and restacking, even if temporarily restacking and lifting items);
wherein the method comprises the steps of: lowering the storage container through the at least one delivery column to a first location represented by the delivery port (⁋45-transported and lowered into delivery point);
positioning a remotely operated delivery vehicle below the delivery port for receiving a storage container onto a container carrier provided on the remotely operated delivery vehicle (⁋47-vehicle loaded at delivery point);
transporting the storage container to the second location using the remotely operated delivery vehicle; and using at least one robotic operator to pick at least one item from the storage container at the second location (⁋45-transported and lowered to a delivery port; ⁋45- At the order picking station 50, items may be removed from retrieved container(s) 1; ⁋89-lifter on its wheels may move to a differing stack location; with ⁋90-moving container on lifters between locations, ⁋107-allows remotely operated vehicle to move to second location - a port location).
(re: cl 12) further comprising the steps of: operating the remotely operated delivery vehicle to return to the delivery port by operating a rolling device of the remotely operated delivery vehicle (⁋116-robots can be controlled by centralized controller; ⁋57-robotic load handler moves along perpendicular tracks above stacks; ⁋58-robotic handlers travel on tracks; ⁋60-robotic handler lifts items from below);
and lifting the storage container from the delivery vehicle and through at least one delivery column for storage of the storage container in the automated storage and retrieval grid (⁋60-can retrieve items at lower end of stack by lifting and restacking).
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) 1-2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindbo ‘901 (WO2014195901) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - in view of Hognaland (WO2014075937) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - wherein Lindbo ‘901 teaches:
(re: cl 1) A delivery system for use with an automated storage and retrieval grid, the delivery system comprising a remotely operated delivery vehicle (⁋116-robots can be controlled by centralized controller);
comprising a container carrier configured to support a storage container (⁋45- load lifted and transported to via #4 to delivery port);
Hognaland teaches any elements Lindbo ‘901 lacks including:
the delivery vehicle being configured to transport the storage container between a first location represented by a delivery port arranged at a level above the delivery vehicle (Access below, P5L3-5-plural structures stacked with rails atop each level; P5L15-16 rails atop each level; fig. 2-tiered cell blocks with rails atop each, lower tier having rail car vehicles below upper delivery port);
and a second location (⁋45- from stack to order picking station; ⁋57-“The robotic load handlers 4 can be configured to travel along the rails to access the various stacks 3 in the system.”; ⁋39, ⁋12-inbound storage of items from port show reversal of the retrieval description),
wherein the second location comprises a robotic operator for handling of items in the storage container (⁋45-delivery from stack to order picking station-“placed on a conveyor 5 or other conveyance for delivery to an order picking station 50.“).
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to have the delivery port arranged at a level above the delivery rails system allowing the delivery vehicle to be positioned directly below the delivery column to utilize a larger tier stacked storage arrangement to facilitate the storage of a large quantities items within a limited space or footprint as taught by Hognaland.
Lindbo ‘901 further teaches:
(re: cl 2) further comprising a delivery rail system, the delivery rail system comprising a first set of parallel rails arranged in a horizontal plane and extending in a first direction (⁋89-rails #73 vehicle lifter can travel between locations; #73 fig. 8b/9),
and a second set of parallel rails arranged in the horizontal plane and extending in a second direction which is orthogonal to the first direction (⁋56-perpendicular tracks),
and wherein the delivery vehicle is configured to travel on the delivery rail system (⁋45-delivery from stack to order picking station; ⁋57-58-robotic handlers travel on rails; ⁋56-bots travel on rails),
from a location below the delivery port to the second location (⁋47-vehicle loaded at delivery point).
Hognaland teaches any elements Lindbo ‘901 lacks including:
from a location below the delivery port to the second location (P6L28-31-“The inter-grid bin lift device 56 is further arranged to receive a storage bin from the vehicle at the top level of any of the first, second or third grid structures and to convey the storage bin in a vertical direction to the top level of any one of the first, second or third grid structures.“- can lower item from upper delivery port to vehicles on lower tier grid).
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art to deliver the item below the delivery port to utilize a larger tier stacked storage arrangement to facilitate the storage of a large quantity of items within a limited space or footprint as taught by Hognaland.
(re: cl 10) An automated storage and retrieval system comprising: an automated storage and retrieval grid (⁋55-rails over storage area for robotic vehicles, #16; ⁋89-rails #73 vehicle lifter can travel between locations; #73 fig. 8b/9; ⁋56-bots travelling on rails),
and a delivery system as defined in claim 1(⁋56-perpendicular tracks forming grid pattern; #73 fig. 8b, 9),
wherein the automated storage and retrieval grid comprises: a container handling vehicle rail system for guiding a plurality of container handling vehicles (⁋55-load handlers vehicles travel on rails, #16; ⁋56-bots accessing containers travelling on rails),
the container handling vehicle rail system comprising a first set of parallel rails arranged in a horizontal plane and extending in a first direction (⁋55-load handlers vehicles travel on rails, #16; ⁋56-bots accessing containers travelling on rails),
and a second set of parallel rails arranged in the horizontal plane and extending in a second direction which is orthogonal to the first direction (⁋56-perpendicual tracks form a grid for vehicle rail travel over storage grid),
which first and second sets of rails form a grid pattern in the horizontal plane comprising a plurality of adjacent container handling vehicle grid cells (⁋45-“For example, a container 1 identified as needed, or otherwise desired, for fulfilling an order may be retrieved from a storage point 18 (see e.g. Figure 4) in the grid 2 by a load handler 4 or lifter 71, and transported to a delivery port 7”; #18 fig. 4),
each container handling vehicle grid cell comprising a container handling vehicle grid opening defined by a pair of neighboring rails of the first set of rails and a pair of neighboring rails of the second set of rails (⁋57-load handler moves along perpendicular tracks above stacks; ⁋59-lifter removes items from stack; ⁋56-grid provides structure support providing containers from falling);
the container handling vehicles being operable to retrieve a storage container from a stack of storage containers beneath the container handling rail system (⁋57-load handler moves along perpendicular tracks above stacks; ⁋59-lifter removes items from stack; ⁋56-grid provides structure support providing containers from falling);
and a delivery column adapted for transport of a storage container between a container handling vehicle and the delivery port situated at a lower end of the delivery column (⁋60-can retrieve items at lower end of stack by lifting and restacking, even if temporarily restacking and lifting items).
Claim(s) 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindbo ‘901 (WO2014195901) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - in view of Hognaland (WO2014075937) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - in further view of Lindbo et al. ‘281 (WO2017081281) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - wherein Lindbo ‘901 in view of Hognaland teaches the elements previously discussed and Lindbo ‘901 further teaches:
(re: cl 3) wherein the system further comprises a gantry arrangement above the delivery vehicle (¶55-“ overhead load handlers 4”).
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
and wherein the robotic operator in the form of at least one robot arm is suspended from the gantry arrangement (#50 fig 6a/b, 7; P13 L24-30-picking means may be a robotic arm; P23L10-15-robotic picking device may be suspended from gantry crane #480 ; #450 fig. 12b).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have at least one robot arm suspended from the gantry arrangement as a robot arm may position the selected items in a plurality of directions and positions for movement into delivery containers as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
(re: cl 4) wherein the gantry arrangement spans over at least parts of the delivery rail system (#450 fig 12a/b gantry over rail delivery system; P23L10-15-robotic picking device may be suspended from gantry crane #480 ;#450 fig. 12b);
and wherein the at least one robot arm is configured to move in the XYZ directions to access storage containers at different locations within the delivery rail system ((fig. 6a/b/7; p16 L10-16-picking means movable in x-y-z direction).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the gantry over parts of the delivery rail system to let the picker/gripper access stacks between the rails and vehicles on the rails as taught by Lindbo et al. ‘281.
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the robot arm configured to move in the XYZ direction retrieve and place the item to and from a plurality of different locations as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
(re: cl 5) wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the at least one robot arm is configured to travel laterally along the gantry arrangement to deliver the at least one item to, or retrieve at least one item from, a third location outside the delivery rail system (#450 fig. 12a-#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system; P23L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the gantry offset to move the products to and from delivery locations outside the rails and to move the gantry laterally to retrieve and place the selected item at a plurality of different locations outside the delivery rail system as products must be moved outside the rails to get the items picked and delivered for delivery or obtain input items for insertion within the storage system from outside the system to within the storage area within the rail system as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
(re: cl 6) wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the at least one robot arm is configured for item insertion or removal from, a third location outside the delivery rail system by varying extension of robot arm length (fig. 12a-#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system; P23 L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to have the gantry laterally offset to move the products to and from delivery locations outside the rails for delivery outside the storage area or retrieve outside the storage area as the ordered item must be moved outside the rails system for delivery and the arm can place the item outside as needed or obtain an input item from outside into the rail system for storage within the storage area which is located within the rail system as taught by Lindbo et al. ‘281.
Lindbo ‘901 further teaches:
(re: cl 7) wherein the third location is a temporary position for storing of a plurality of items (⁋60-moves item to temporary position while accessing items below in stack).
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
(re: cl 8) wherein the robotic operator is in the form of at least one robot arm supported on a floor base, a base above the delivery rail system or on the delivery rail system. (#50 fig. 6a; P13L 20-26- Robotic arm on pulling from grid cells which is below rails ).
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to Have a robot arm on the rail system to pick items and deposit them in adjacent locations (P13 L30-31) as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo ‘901 lacks including:
(re: cl 9) wherein the at least one robot arm is configured to be moved in the XYZ directions to access storage containers at different locations within the delivery rail system and transfer the at least one item between the storage container within the delivery rail system and a third location outside the delivery rail system (#50 fig. 6a/b/7; P16 L10-16-robotic arm picking means movable in x-y-z direction; fig. 12a-#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system; P23 L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the robot arm configured to move in the XYZ direction retrieve and place the item to and from a plurality of different locations as taught by Lindbo et al. ‘281.
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to have the robot arm to move the products to and from delivery locations outside the rails for delivery outside the storage area or retrieve outside the storage area as the ordered item must be moved outside the rails system for delivery and the arm can place the item outside as needed or obtain an input item from outside into the rail system for storage within the storage area which is located within the rail system as taught by Lindbo et al. ‘281.
Claim(s) 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lindbo ‘901 (WO2014195901) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - in view of Lindbo et al. ‘281 (WO2017081281) -cited on applicant’s Information Disclosure Statement and reference present in applicant’s parent application 15734431 - wherein Lindbo ‘901 teaches the elements previously discussed and further teaches:
(re: cl 13) utilizing a gantry arrangement above the delivery vehicle (¶55-“ overhead load handlers 4”).
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
wherein the method further comprises the step of utilizing a robotic operator in the form of at least one robot arm suspended from a gantry arrangement above the delivery vehicle (#50 fig. 6a/b, #50 fig7; P13 L24-30-picking means may be a robotic arm; P23L10-15-robotic picking device may be suspended from gantry crane #480; #450 fig. 12b).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have at least one robot arm suspended from the gantry arrangement as a robot arm may position the selected items in a plurality of directions and positions for placement in a delivery container or delivery vehicle or for placement in storage of incoming items as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 14). The method according to claim 13, wherein the gantry arrangement spans over at least part of a delivery rail system on which the delivery vehicle operates (#450 fig 12 gantry one rail delivery system; P23L10-15-robotic picking device may be suspended from gantry crane #480;
#450 fig. 12b);
and the method further comprises the step of operating the at least one robot arm to move in the XYZ directions thereby allowing access to storage containers at different locations within the delivery rail system (fig. 6a/b/7; p16 L10-16-picking means movable in x-y-z direction; fig. 12a-#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system; P23 L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the robot arm configured to move in the XYZ direction retrieve and place the item to and from a plurality of different locations for picking items for delivery or placement of incoming items for movement to storage as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 15) wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the method comprises the step of operating the at least one robot arm to travel laterally along the gantry arrangement to deliver the at least one item to, or retrieve at least one item from, a third location outside the delivery rail system (#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system fig. 12a; P23L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the gantry offset to move the products to and from delivery locations outside the rails and to move the gantry laterally to retrieve and place the selected item at a plurality of different locations outside the delivery rail system for placement for delivery to customers outside the storage area or for movement to storage as taught by Lindbo et al. ‘281.
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to have the robot arm to move the products to and from delivery locations outside the rails for delivery outside the storage area or retrieve outside the storage area as the ordered item must be moved outside the rails system for delivery and the arm can place the item outside as needed or obtain an input item from outside into the rail system for storage within the storage area which is located within the rail system as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 16) wherein the method further comprises utilizing a robotic operator in the form of at least one robot arm supported on a floor base, on a base above a delivery rail system on which the delivery vehicle operates or on a delivery rail system on which the delivery vehicle operates (#50 fig. 6a; P13L 20-26- Robotic arm on pulling from grid cells which is below rails ).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have at least one robot arm as a robot arm may position the selected items in a plurality of directions and positions for movement into delivery containers as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 17) wherein the method comprises moving the at least one robot arm in the XYZ directions to access storage containers at different locations within the delivery rail system and transfer the at least one item between the storage container within the delivery rail system and a third location outside the delivery rail system (fig. 6a/b/7; p16 L10-16-picking means movable in x-y-z direction; fig. 12a-#450 crane on #480 gantry can be reaching areas inside and outside delivery rail system; P23 L10-15- robotic arm can access areas around inside and outside the rail system; fig. 11a #350 on #360 car rail system).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have the robot arm configured to move in the XYZ direction retrieve and place the item to and from a plurality of different locations as taught by Lindbo et al. ‘281.
It would have been obvious before the effective date of the claimed invention for one of ordinary skill in the art for Limbo ‘901 to have the robot arm to move the products to and from delivery locations outside the rails for delivery outside the storage area or retrieve outside the storage area as the ordered item must be moved outside the rails system for delivery and the arm can place the item outside as needed or obtain an input item from outside into the rail system for storage within the storage area which is located within the rail system as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 18) wherein the third location is a transport container for storing one or more items and wherein the method comprises operating the at least one robot arm for delivery of the at least one item to the transport container for further transportation (P13 L27-30 “ robotic arm capable of remote or autonomous manipulation such that inventory items 28 may be picked from bins 10 or delivery containers DT and deposited in bins 10 or delivery containers DT.“).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to have at least one robot arm for delivery of product to a transport container for further transport as a robot arm may position the selected items in a plurality of directions to a select container for item delivery to a customer outside the storage system as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 19) wherein the method includes the steps of, after the storage container has been transported the second location by the delivery vehicle, to pick at least one item from the storage container by the robotic operator and automatically place the picked item into the same storage container such as to re-organize item(s) in the storage container (P14L30-P15L3-robotic picker collects and collect items into a bin containing the required inventory items and transported to a delivery container; P14L6-12-“The robotic picker device 130 may then be moved in to position over a second delivery container DT2 and the picking device activated to place the item in to the second delivery container DT2. This will be particularly relevant to customer orders where bulky items may have been inefficiently stored in delivery containers DT and can be moved around in order to provide a more efficient packing regime for a given order.”-moved around means it can be moved within the same container).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to pick a product and place in a reorganized position within a container to pack bulky items taught by Lindbo et al. ‘281 and one of ordinary skill in the art would know that if one can reorganize and place items in a second container it would be within the skill of one in the art to do so within a same container for more efficient packing as taught by Lindbo et al. ‘281.
Lindbo et al. ‘281 teaches any elements Lindbo et al. 901 lacks including:
(re: cl 20) wherein the method includes the steps of, after the storage container has been transported the second location by the delivery vehicle, to pick at least one item from the storage container by the robotic operator and placing the picked item in another storage container (P14L30-P15L3-robotic picker collects and collect items into a bin containing the required inventory items and transported to a delivery container; P14L6-12-“The robotic picker device 130 may then be moved in to position over a second delivery container DT2 and the picking device activated to place the item in to the second delivery container DT2. This will be particularly relevant to customer orders where bulky items may have been inefficiently stored in delivery containers DT and can be moved around in order to provide a more efficient packing regime for a given order.”).
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art for Limbo ‘901 to pick a product and place in a reorganized position within a container to pack bulky items taught by Lindbo et al. ‘281 and one of ordinary skill in the art would know that if one can reorganize and place items in a second container it would be for more efficient packing as taught by Lindbo et al. ‘281.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, as well as 1’s further dependent claims 2-8 of U.S. Patent No. 12151894 to Subramanian et al..
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, as well as 1’s further dependent claims 2-8 of U.S. Patent No. 12151894 to Austrheim.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2, as well as 2’s further dependent claims 3-6 of U.S. Patent No. 12151894 to Austrheim.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12151894 to Austrheim.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4, as well as 4’s further dependent claim 6 of U.S. Patent No. 12151894 to Austrheim.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12151894 to Austrheim.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12151894 to Austrheim.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12151894 to Austrheim.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12151894 to Austrheim.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, as well as 1’s further dependent claims 2-8 of U.S. Patent No. 12151894 to Austrheim.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9, as well as 9’s further dependent claims 10-18 of U.S. Patent No. 12151894 to Austrheim.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12151894 to Austrheim.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11, as well as 11’s further dependent claims 12, 13 and 16 of U.S. Patent No. 12151894 to Austrheim.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12, as well as 12’s further dependent claims 13 and 16 of U.S. Patent No. 12151894 to Austrheim.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13, as well as 13’s further dependent claim 16 of U.S. Patent No. 12151894 to Austrheim.
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14, as well as 14’s further dependent claim 15 of U.S. Patent No. 12151894 to Austrheim.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12151894 to Austrheim.
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12151894 to Austrheim.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12151894 to Austrheim.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are obviated as broadened variants of cited claims from the parent patent with the claim elements of the instant application located at the cited locations with the claims of the parent patent:
Claim Elements in Current Application
Claim Elements in Patent 12151894
1. A delivery system for use with an automated storage and retrieval grid, the delivery system comprising a remotely operated delivery vehicle
CL 1
comprising a container carrier configured to support a storage container,
CL 1
the delivery vehicle being configured to transport the storage container between a first location represented by a delivery port arranged at a level above the delivery vehicle,
CL 1
and a second location,
CL 1
wherein the second location comprises a robotic operator for handling of items in the storage container.
CL 1
2. The delivery system according to claim 1, further comprising a delivery rail system, the delivery rail system comprising a first set of parallel rails arranged in a horizontal plane and extending in a first direction,
CL 1
and a second set of parallel rails arranged in the horizontal plane and extending in a second direction which is orthogonal to the first direction,
CL 1
and wherein the delivery vehicle is configured to travel on the delivery rail system
CL 1
from a location below the delivery port to the second location.
CL 1
3. The delivery system according to claim 1, wherein the system further comprises a gantry arrangement above the delivery vehicle,
CL 2
and wherein the robotic operator in the form of at least one robot arm is suspended from the gantry arrangement.
CL 2
4. The delivery system according to claim 3, wherein the gantry arrangement spans over at least parts of the delivery rail system and wherein the at least one robot arm is configured to move in the XYZ directions to access storage containers at different locations within the delivery rail system.
CL 3
5. The delivery system according to claim 3, wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the at least one robot arm is configured to travel laterally along the gantry arrangement to deliver the at least one item to, or retrieve at least one item from, a third location outside the delivery rail system.
CL 4
6. The delivery system according to claim 3, wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the at least one robot arm is configured for item insertion or removal from, a third location outside the delivery rail system by varying extension of robot arm length.
CL 5
7. The delivery system according to claim 5, wherein the third location is a temporary position for storing of a plurality of items.
CL 6
8. The delivery system according to claim 1, wherein the robotic operator is in the form of at least one robot arm supported on a floor base, a base above the delivery rail system or on the delivery rail system.
CL 7
9. The delivery system according to claim 8, wherein the at least one robot arm is configured to be moved in the XYZ directions to access storage containers at different locations within the delivery rail system and transfer the at least one item between the storage container within the delivery rail system and a third location outside the delivery rail system.
CL 8
10. An automated storage and retrieval system comprising: an automated storage and retrieval grid;
and a delivery system as defined in claim 1;
CL 1
wherein the automated storage and retrieval grid comprises: a container handling vehicle rail system for guiding a plurality of container handling vehicles,
CL 1
the container handling vehicle rail system comprising a first set of parallel rails arranged in a horizontal plane and extending in a first direction,
CL 1
and a second set of parallel rails arranged in the horizontal plane and extending in a second direction which is orthogonal to the first direction,
CL 1
which first and second sets of rails form a grid pattern in the horizontal plane comprising a plurality of adjacent container handling vehicle grid cells,
CL 1
each container handling vehicle grid cell comprising a container handling vehicle grid opening defined by a pair of neighboring rails of the first set of rails and a pair of neighboring rails of the second set of rails,
CL 1
the container handling vehicles being operable to retrieve a storage container from a stack of storage containers beneath the container handling rail system;
CL 1
and a delivery column adapted for transport of a storage container between a container handling vehicle and the delivery port situated at a lower end of the delivery column.
CL 1
11. A method of transporting a storage container between an automated storage and retrieval grid and a second location for handling items in the storage container by a robotic operator,
CL 9
the automated storage and retrieval grid comprising a delivery column adapted for transport of a storage container between a container handling vehicle and a delivery port situated at a lower end of the delivery column,
CL 9
wherein the method comprises the steps of: lowering the storage container through the at least one delivery column to a first location represented by the delivery port;
CL 9
positioning a remotely operated delivery vehicle below the delivery port for receiving a storage container onto a container carrier provided on the remotely operated delivery vehicle;
CL 9
transporting the storage container to the second location using the remotely operated delivery vehicle; and using at least one robotic operator to pick at least one item from the storage container at the second location.
CL 9
12. The method according to claim 11, further comprising the steps of: operating the remotely operated delivery vehicle to return to the delivery port by operating a rolling device of the remotely operated delivery vehicle;
CL 10
and lifting the storage container from the delivery vehicle and through at least one delivery column for storage of the storage container in the automated storage and retrieval grid.
CL 10
13. The method according to claim 11, wherein the method further comprises the step of utilizing a robotic operator in the form of at least one robot arm suspended from a gantry arrangement above the delivery vehicle.
CL 11
14. The method according to claim 13, wherein the gantry arrangement spans over at least part of a delivery rail system on which the delivery vehicle operates and the method further comprises the step of operating the at least one robot arm to move in the XYZ directions thereby allowing access to storage containers at different locations within the delivery rail system.
CL 12
15. The method according to claim 14, wherein at least a part of the gantry arrangement is laterally offset from the delivery rail system and wherein the method comprises the step of operating the at least one robot arm to travel laterally along the gantry arrangement to deliver the at least one item to, or retrieve at least one item from, a third location outside the delivery rail system.
CL 13
16. The method according to claim 11, wherein the method further comprises utilizing a robotic operator in the form of at least one robot arm supported on a floor base, on a base above a delivery rail system on which the delivery vehicle operates or on a delivery rail system on which the delivery vehicle operates.
CL 14
17. The method according to claim 16, wherein the method comprises moving the at least one robot arm in the XYZ directions to access storage containers at different locations within the delivery rail system and transfer the at least one item between the storage container within the delivery rail system and a third location outside the delivery rail system.
CL 15
18. The method according to claim 15, wherein the third location is a transport container for storing one or more items and wherein the method comprises operating the at least one robot arm for delivery of the at least one item to the transport container for further transportation.
CL 16
19. The method according to claim 11, wherein the method includes the steps of, after the storage container has been transported the second location by the delivery vehicle, to pick at least one item from the storage container by the robotic operator and automatically place the picked item into the same storage container such as to re-organize item(s) in the storage container.
CL 18
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E BUTLER whose telephone number is (571)272-6937.
The examiner can normally be reached on Tuesday, Wednesday, or Thursday.
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, Jacob Scott can be reached on 571-270-3415. 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.
/M.E.B/Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
Prosecution Insights