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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-21, 23 and 24 are rejected under 35 U.S.C. 101 as claiming the same invention as that of multiple claims of prior U.S. Patent Application No. 18/120562. This is a statutory double patenting rejection.
Current Application 18/775,356
Application 18/120,562
(Claim 1) A system, comprising:
a communication interface;
and one or more processors configured to:
receive via the communication interface a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtain the second element of routing data from a second optical sensor data;
and cause the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises moving the item to a destination location;
and the item is moved to the destination location before the second element of routing data is known.
(Claim 1) A system, comprising:
a communication interface;
and one or more processors configured to: receive via the communication interface a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtain the second element of routing data from a second optical sensor data;
and cause the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises placing the item in a singulation destination;
and the item is placed in the singulation destination before the second element of routing data is known.
(Claim 2) The system of claim 1, wherein the first optical sensor data comprises output of a first optical scanner.
(Claim 2) The system of claim 1, wherein the first optical sensor data comprises output of a first optical scanner.
(Claim 3) The system of claim 1, wherein the first optical sensor data is obtained based on scanning an optical code associated with the item.
(Claim 3) The system of claim 1, wherein the first optical sensor data is obtained based on scanning an optical code associated with the item.
(Claim 4) The system of claim 3, wherein the optical code comprises the first element of routing data and second element of routing data.
(Claim 4) The system of claim 3, wherein the optical code comprises the first element of routing data and second element of routing data.
(Claim 5) The system of claim 4, wherein a first optical sensor obtains the first element of routing data but not the second element of routing data.
(Claim 5) The system of claim 4, wherein a first optical sensor obtains the first element of routing data but not the second element of routing data.
(Claim 6) The system of claim 5, wherein the second element of routing data was not successfully scanned.
(Claim 6) The system of claim 5, wherein the second element of routing data was not successfully scanned.
(Claim 7) The system of claim 1, wherein:
the first optical sensor data is obtained based on scanning an optical code associated with the item;
and the optical code comprises first element of routing data and second element of routing data; and the one or more processors are further configured to: determine that the second element of routing data is not included in the first optical sensor data.
(Claim 7) The system of claim 1, wherein:
the first optical sensor data is obtained based on scanning an optical code associated with the item; and the optical code comprises first element of routing data and second element of routing data;
and the one or more processors are further configured to: determine that the second element of routing data is not included in the first optical sensor data.
(Claim 8) The system of claim 7, wherein the one or more processors are further configured to:
obtain the second optical data in response to determining that the second element of routing data is not included in the first optical sensor data.
(Claim 8) The system of claim 7, wherein the one or more processors are further configured to:
obtain the second optical data in response to determining that the second element of routing data is not included in the first optical sensor data.
(Claim 9) The system of claim 8, wherein the second optical sensor data comprises an image.
(Claim 9) The system of claim 8, wherein the second optical sensor data comprises an image.
(Claim 10) The system of claim 9, wherein the image comprises a representation of a label on the item.
(Claim 10) The system of claim 9, wherein the image comprises a representation of a label on the item.
(Claim 11) The system of claim 9, wherein the image includes alphanumeric data.
(Claim 11) The system of claim 9, wherein the image includes alphanumeric data.
(Claim 12) The system of claim 11, wherein the alphanumeric data is human readable.
(Claim 12) The system of claim 11, wherein the alphanumeric data is human readable.
(Claim 13) The system of claim 9, wherein:
the one or more processors are further configured to:
perform optical character recognition (OCR) with respect to the image; and obtain the second routing data based at least in part on the OCR performed with respect to the image.
(Claim 13) The system of claim 9, wherein:
the one or more processors are further configured to:
perform optical character recognition (OCR) with respect to the image; and obtain the second routing data based at least in part on the OCR performed with respect to the image.
(Claim 14) The system of claim 9, wherein the image is obtained using the same sensor that obtained the first optical sensor data.
(Claim 14) The system of claim 9, wherein the image is obtained using the same sensor that obtained the first optical sensor data.
(Claim 15) The system of claim 9, wherein the first element of routing data is obtained from a first optical code in a first region of the image, and the second element of routing data is obtained from another region of the image.
(Claim 15) The system of claim 9, wherein the first element of routing data is obtained from a first optical code in a first region of the image, and the second element of routing data is obtained from another region of the image.
(Claim 16) The system of claim 1, wherein causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises:
generating, based at least in part on the first element of routing data and the second element of routing data, a control signal for a routing system to route the item.
(Claim 16) The system of claim 1, wherein causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises:
generating, based at least in part on the first element of routing data and the second element of routing data, a control signal for a routing system to route the item.
(Claim 17) The system of claim 1, further comprising:
a robotic arm;
wherein causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises:
controlling the robotic arm to perform a pick and place operation with respect to the item to route the item.
(Claim 17) The system of claim 1, further comprising:
a robotic arm;
wherein causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises:
controlling the robotic arm to perform a pick and place operation with respect to the item to route the item.
(Claim 18) The system of claim 1, wherein one or both of the first element of routing data and the second element of routing data are associated with a tray or segment of a conveyance structure as the item proceeds downstream via the conveyance structure.
(Claim 21) The system of claim 1, wherein one or both of the first element of routing data and the second element of routing data are associated with a tray or segment of a conveyance structure as the item proceeds downstream via the conveyance structure.
(Claim 19) The system of claim 1, wherein the second element of routing data is obtained based on an image captured at an induction station before the item is moved to the destination location.
(Claim 24) The system of claim 1, wherein the second element of routing data is obtained based on an image captured at an induction station before the item is placed in the singulation destination.
(Claim 20) The system of claim 1, wherein the first element of routing data corresponds to a part of destination information.
(Claim 25) The system of claim 1, wherein the first element of routing data corresponds to a part of destination information.
(Claim 21) The system of claim 20, wherein the second element of routing data completes the destination information.
(Claim 26) The system of claim 25, wherein the second element of routing data completes the destination information.
(Claim 23) A method, comprising:
receiving, by one or more processors, a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtaining the second element of routing data from a second optical sensor data;
and causing the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises moving the item to a destination location;
and the item is moved to the destination location before the second element of routing data is known.
(Claim 30) A method, comprising:
receiving, by one or more processors, a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtaining the second element of routing data from a second optical sensor data;
and causing the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises placing the item in a singulation destination;
and the item is placed in the singulation destination before the second element of routing data is known.
(Claim 24) A computer program product embodied in a non-transitory computer readable medium and comprising computer instructions for:
receiving, by one or more processors, a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtaining the second element of routing data from a second optical sensor data;
and causing the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises moving the item to a destination location;
and the item is moved to the destination location before the second element of routing data is known.
(Claim 31) A computer program product embodied in a non-transitory computer readable medium and comprising computer instructions for:
receiving, by one or more processors, a first optical sensor data comprising a first element of routing data required to route an item but not a second element of routing data required, in addition to the first element, to route the item;
obtaining the second element of routing data from a second optical sensor data;
and causing the item to be routed based at least in part on the first element of routing data and the second element of routing data;
wherein:
causing the item to be routed based at least in part on the first element of routing data and the second element of routing data comprises placing the item in a singulation destination;
and the item is placed in the singulation destination before the second element of routing data is known.
Claim 22, while not found to be subject to double patenting, is rejected due to its dependency on Claim 1.
Allowable Subject Matter
Claim 1, and its dependent claims, would be allowable if the statutory double patenting rejection is overcome. The closest prior art: the vine fruit sorting system of Budu (US 20230399136 A1) does not teach “the item is placed in the singulation destination before the second element of routing data is known.”
Claim 23 would be allowable if the statutory double patenting rejection is overcome. The closest prior art: the vine fruit sorting method of Budu (US 20230399136 A1) does not teach “wherein…the item is moved in the destination location before the second element of routing data is known.”
Claim 24 would be allowable if the statutory double patenting rejection is overcome. The closest prior art: the vine fruit sorting system of Budu (US 20230399136 A1) does not teach “wherein…the item is moved in the destination location before the second element of routing data is known.”
Conclusion
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/M.T.P./Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655