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 .
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.
Background
The Amendments to the Claims in the Applicant’s Preliminary Amendment, filed on 07/17/24, have been entered.
According to the Amendments, claims 1-2 were pending but have been canceled. Claims 3-22 are newly added. Thus, claims 3-22 are now pending.
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 3-6 and 9-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,043,486. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claimed invention is fully disclosed by the subject matter in the reference as shown in the table below.
The mapping of claims 3-6 and 9-22 of the present application to claims 1-20 of US Pat. No. 12,043,486 is as follows:
Instant Application
Reference
3. A platform assembly for use with sorting articles, comprising: [1] a plurality of platforms connected to each other to form a surface; [2] one or more vehicles traversing the surface; [3] a container positioned about the surface; and [4] a controller; [5] wherein, in operation, the controller directs a vehicle to deposit an article carried on the vehicle into a first container based on a comparison of a first location of the vehicle with a position of the container.
1. A platform assembly for use with sorting articles, comprising: [1] a plurality of platforms connected to each other to form a surface, the surface comprising a grid defining a path for a plurality of vehicles to traverse therethrough; [3] a plurality of containers positioned about the surface; [4] a controller; and, a wireless network; wherein, in operation, the controller communicates over the wireless network with [2] a vehicle traversing the grid to determine that the vehicle is at a first location associated with a first container among the plurality of containers; the controller compares the first location with a first order associated with the first container; and [5] the controller directs the vehicle to deposit an article carried on the vehicle into the first container based on the comparison.
4. The platform assembly of claim 3, wherein the plurality of platforms comprises a first platform and a second platform, wherein the first platform is attached to the second platform by an interlocking mechanism.
2. The platform assembly of claim 1, wherein the plurality of platforms comprises a first platform and a second platform, wherein the first platform is detachably attached to the second platform by an interlocking mechanism.
5. The platform assembly of claim 3, wherein the surface comprises a grid that defines a path for the one or more vehicles to traverse therethrough.
1. A platform assembly for use with sorting articles … the surface comprising a grid defining a path for a plurality of vehicles to traverse therethrough.
6. The platform assembly of claim 3, wherein the controller communicates with the vehicle over a wireless network.
1. A platform assembly for use with sorting articles [comprising] a controller; and, a wireless network; wherein, in operation, the controller communicates over the wireless network with a vehicle traversing the grid.
9. The platform assembly of claim 3, wherein the first location is associated with the first container.
1. A platform assembly for use with sorting articles [wherein] the controller communicates over the wireless network with a vehicle traversing the grid to determine that the vehicle is at a first location associated with a first container among the plurality of containers.
10. The platform assembly of claim 3, wherein the article is a parcel package.
14. The platform assembly of claim 1, wherein the article is a parcel package.
11. The platform assembly of claim 3, wherein the controller directs removal of the first container.
3. The platform assembly of claim 1, wherein the controller directs removal of the first container.
12. The platform assembly of claim 11, wherein the first container is prepared for delivery to a recipient.
5. The platform assembly of claim 4, wherein the first container is prepared for delivery to a recipient.
13. The platform assembly of claim 11, wherein the first container comprises a shipping container, wherein the controller directs sealing of the shipping container.
6. The platform assembly of claim 4, wherein the first container comprises a shipping container, wherein the controller directs sealing of the shipping container.
14. The platform assembly of claim 13, wherein the controller directs replacement with an empty shipping container.
7. The platform assembly of claim 6, wherein the controller directs replacement with an empty shipping container.
15. The platform assembly of claim 3, wherein the controller is configured to batch a plurality of orders.
8. The platform assembly of claim 1, wherein the controller is configured to batch a plurality of orders.
16. The platform assembly of claim 15, wherein the controller is configured to one or more of: sort the plurality of orders by zip code; and, direct packing of the first container for shipment.
9. The platform assembly of claim 8, wherein the controller is configured to sort the plurality of orders by zip code.
11. The platform assembly of claim 8, wherein the controller is configured to direct packing of the first container for shipment.
17. The platform assembly of claim 15, wherein the controller is configured to sort the plurality of orders based on a local delivery hub of one of: a courier service, a US Post Office, and a delivery agent.
10. The platform assembly of claim 8, wherein the controller is configured to sort the plurality of orders based on a local delivery hub of one of: a courier service, a US Post Office, and a delivery agent.
18. The platform assembly of claim 15, wherein the controller is configured to group orders for delivery, wherein a group of orders is consolidated into one of a: shipping polybag, letter pack, envelop, and box.
13. The platform assembly of claim 8, wherein the controller is configured to group orders for delivery, wherein a group of orders is consolidated into one of a: shipping polybag, letter pack, envelop, and box.
19. The platform assembly of claim 3, wherein the controller is configured to group orders for delivery, wherein a group of orders is optionally consolidated into a single container.
12. The platform assembly of claim 8, wherein the controller is configured to group orders for delivery, wherein a group of orders is optionally consolidated into a single container.
20. The platform assembly of claim 3, wherein the first container is one of: associated with a delivery hub location, wherein a plurality of parcel packages associated with the delivery hub location are deposited into the first container; a shipping package for delivery to an end customer; and, the first container is replaced after it is filled-up with a new container, wherein the plurality of parcel packages associated with the delivery hub location are deposited into the new container.
15. The platform assembly of claim 14, wherein the first container is associated with a delivery hub location, wherein a plurality of parcel packages associated with the delivery hub location are deposited into the first container.
16. The platform assembly of claim 15, wherein the first container is replaced after it is filled-up with a new container, wherein the plurality of parcel packages associated with the delivery hub location are deposited into the new container.
17. The platform assembly of claim 15, wherein the first container is a shipping package for delivery to an end customer.
21. The platform assembly of claim 19, wherein the article corresponds to a retail store replenishment order or an item for return.
18. The platform assembly of claim 17, wherein the article corresponds to a retail store replenishment order or an item for return.
22. The platform assembly of claim 3, wherein each platform comprises one or more of: wheels to provide mobility to the platform; and, a plurality of markers thereon, wherein the first container is further associated with a first marker of the plurality of markers.
19. The platform assembly of claim 1, wherein each platform includes wheels to provide mobility to the platform.
20. The platform assembly of claim 1, wherein each platform comprises a plurality of markers thereon, wherein the first container is further associated with a first marker of the plurality of markers.
Allowable Subject Matter
Claims 3-6 and 9-22 would be allowable if a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is timely filed 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.
The following is a statement of reasons for the indication of allowable subject matter: claim 3 is on a platform assembly for use with sorting articles, comprising: a plurality of platforms connected to each other to form a surface; one or more vehicles traversing the surface; a container positioned about the surface; and a controller; wherein, in operation, the controller directs a vehicle to deposit an article carried on the vehicle into a first container based on a comparison of a first location of the vehicle with a position of the container.” These features in combination when considering the claim as a whole were not found in the prior art.
US Pub. No. 2046/0378116 to Nguyen et al. is considered the closest prior art to the subject matter of claim 3 and discloses a mobile robotic system with an automated guided vehicle configured to travel along a floor assembly. Although the floor assembly comprises a support surface and a reconfigurable pathway of fiducial markers, Nguyen et al. does not teach or suggest associating the fiducial markers with article receptacles, much less directing the vehicle to deposit an article carried therein into an article receptacle associated with a marker based on the location of the marker. Additionally, while there are other mobile robotic systems which utilize fiducial markers for article transport within a warehouse facility, these systems do not do so in combination with the platform assemblies as claimed. Therefore, claim 3 is allowable as well as claims 4-22 depending therefrom.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is (571) 270-7769. The examiner can normally be reached M-F, 9-5 PM.
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/KYLE O LOGAN/ Primary Examiner, Art Unit 3655