Prosecution Insights
Last updated: July 17, 2026
Application No. 18/823,311

SYSTEMS AND METHODS FOR PROVIDING PROCESSING OF A VARIETY OF OBJECTS EMPLOYING MOTION PLANNING

Non-Final OA §112§DP
Filed
Sep 03, 2024
Priority
Feb 08, 2016 — provisional 62/292,538 +4 more
Examiner
RANDAZZO, THOMAS
Art Unit
Tech Center
Assignee
Berkshire Grey Operating Company, Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
813 granted / 938 resolved
+26.7% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
11 currently pending
Career history
942
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
69.4%
+29.4% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 938 resolved cases

Office Action

§112 §DP
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Status Claims 34-54 are currently being examined. Claims 1-33 were canceled in a Preliminary Amendment. Specification The 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. MPEP § 608.01 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, a joint inventor, or the applicant regards as the invention. Claims 46 and 53 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for pre-AIA , the applicant) regards as the invention. Claim 46 contains a limitation with the phrase “the work environment” that lacks a proper antecedent that renders the claim indefinite. Claim 53 contains a limitation with the phrase “the work environment” that lacks a proper antecedent that renders the claim indefinite. Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 34-54 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-21 of U.S. Patent No. 12,109,708. Although the conflicting claims are not identical, they are not patentably distinct from each other because the ‘708 patent discloses the following with respect to the Applicant’s claims: 34. An object processing system comprising: (See Claim 1) a plurality of robotic processing stations, (See Claim 1) each of which includes a perception unit that obtains identification information for an object at an input location, (See Claim 1) said identification information being associated with object characteristic information, and (See Claim 1) an articulated arm including an end effector configured to acquire and move the object from the input location to any of a plurality of processing locations; (See Claim 1) a trajectory database storing for each of the plurality of robotic processing stations, a plurality of trajectory paths from a base location of each robotic processing station to each of the respective plurality of processing locations of each robotic processing station, (See Claim 1) each of the plurality of trajectory paths having an associated time factor; and (See Claim 1) a control system in communication with the trajectory database and each of the plurality of robotic processing stations for selecting for each of the plurality of robotic processing stations a selected trajectory path to a target processing location responsive to the respective identification information among the respective plurality of trajectory paths to the selected target processing location responsive to the respective object characteristic information associated with the identification information, (See Claim 1) such that each respective robotic processing station may direct the respective articulated arm to move the respective selected object from the respective base location to the respective target processing location via the respective selected trajectory path provided by the trajectory database. (See Claim 1) 35. The object processing system as claimed in claim 34, wherein the object characteristic information includes a size of the object associated with the identification information. (See Claim 2) 36. The object processing system as claimed in claim 34, wherein the object characteristic information includes a shape of the object associated with the identification information. (See Claim 3) 37. The object processing system as claimed in claim 34, wherein the object characteristic information includes a weight of the object associated with the identification information. (See Claim 4) 38. The object processing system as claimed in claim 34, wherein each of a plurality of objects associated with the respective target processing location is assigned a different trajectory path from the base location to the target processing location responsive to the plurality of objects having different object characteristic information. (See Claim 5) 39. The object processing system as claimed in claim 34, wherein the respective selected trajectory path is selected among the respective plurality of trajectory paths to the target processing location further responsive to changes in the work environment. (See Claim 6) 40. The object processing system as claimed in claim 34, wherein the respective elective selected trajectory path involves applying a centrifugal force to the object. (See Claim 7) 41. An object processing system comprising: (See Claim 8) a plurality of robotic processing stations, each of which includes a perception unit that obtains identification information for an object at an input location, (See Claim 8) said identification information being associated with object characteristic information, and (See Claim 8) an articulated arm including an end effector configured to acquire and move the object from the input location to any of a plurality of processing locations; (See Claim 8) a trajectory database storing for each of the plurality of robotic processing stations, (See Claim 8) a plurality of trajectory paths from a base location of each robotic processing station to each of the respective plurality of processing locations of each robotic processing station, (See Claim 8) each of the plurality of trajectory paths having an associated risk factor; and (See Claim 8) a control system in communication with the trajectory database and each of the plurality of robotic processing stations for selecting for each of the plurality of robotic processing stations a selected trajectory path to a target processing location responsive to the respective identification information among the respective plurality of trajectory paths to the selected target processing location responsive to the respective object characteristic information associated with the identification information, (See Claim 8) such that each respective robotic processing station may direct the respective articulated arm to move the respective selected object from the respective base location to the respective target processing location via the respective selected trajectory path provided by the trajectory database. (See Claim 8) 42. The object processing system as claimed in claim 41, wherein the object characteristic information includes a size of the object associated with the identification information. (See Claim 9) 43. The object processing system as claimed in claim 41, wherein the object characteristic information includes a shape of the object associated with the identification information. (See Claim 10) 44. The object processing system as claimed in claim 41, wherein the object characteristic information includes a weight of the object associated with the identification information. (See Claim 11) 45. The object processing system as claimed in claim 41, wherein each of a plurality of objects associated with the target processing location is assigned a different trajectory path from the base location to the respective target processing location responsive to the plurality of objects having different object characteristic information. (See Claim 12) 46. The object processing system as claimed in claim 41, wherein the respective selected trajectory path is selected among the respective plurality of trajectory paths to the target processing location further responsive to changes in the work environment. (See Claim 13) 47. The object processing system as claimed in claim 41, wherein the respective selected trajectory path involves applying a centrifugal force to the object. (See Claim 14) 48. A method of processing objects comprising: (See Claim 15) providing a plurality of robotic processing stations, each of which includes a perception unit that obtains identification information for an object at an input location, said identification information being associated with object characteristic information, and (See Claim 15) an articulated arm including an end effector configured to acquire and move the object from the input location to any of a plurality of processing locations; (See Claim 15) providing a trajectory database storing for each of the plurality of robotic processing stations, (See Claim 15) a plurality of trajectory paths from a first location of each robotic processing station to a second location associated with the respective plurality of processing locations of each robotic processing station; and (See Claim 15) selecting by a control system in communication with the trajectory database and each of the plurality of robotic processing stations for each of the plurality of robotic processing stations a selected trajectory path to a target processing location responsive to the respective identification information among the respective plurality of trajectory paths to the selected target processing location responsive to the respective object characteristic information associated with the identification information, (See Claim 15) such that each respective robotic processing station may direct the respective articulated arm to move the respective selected object from the respective first location to the respective second location via the respective selected trajectory path provided by the trajectory database. (See Claim 15) 49. The method of claim 48, wherein the object characteristic information includes a size of the object associated with the identification information. (See Claim 16) 50. The method of claim 48, wherein the object characteristic information includes a shape of the object associated with the identification information. (See Claim 17) 51. The method of claim 48, wherein the object characteristic information includes a weight of the object associated with the identification information. (See Claim 18) 52. The method of claim 48, wherein the method includes assigning, for each of a plurality of objects associated with the respective target processing location, different trajectory paths from the base location to the target processing location responsive to the plurality of objects having different object characteristic information. (See Claim 19) 53. The method of claim 48, wherein the respective selected trajectory path is selected among the respective plurality of trajectory paths to the target processing location further responsive to changes in the work environment. (See Claim 20) 54. The method of claim 48, wherein the method includes applying a centrifugal force to the object when executing the respective selected trajectory path. (See Claim 21) Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations. Any hypothetical prior art rejection based on these references, either alone or in combination, would require impermissible hindsight reasoning. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS RANDAZZO whose telephone number is (313)446-4903. The examiner can normally be reached between 9:00am and 4:00pm ET Monday through Thursday and between 9:00am and 11:00am ET on Friday. 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 the Patent Center. Unpublished application information in the Patent Center is available to registered users. To file and manage patent submissions in the Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about the 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. /THOMAS RANDAZZO/Primary Examiner, Art Unit 3655 July 6, 2026
Read full office action

Prosecution Timeline

Sep 03, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §112, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+12.4%)
2y 0m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 938 resolved cases by this examiner. Grant probability derived from career allowance rate.

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