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.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,110,183. 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 1-20 of the present application to claims 1-20 of US Pat. No. 12,110,183 is as follows:
Instant Application
Reference
1. A workstation for an automated goods-to-person system, comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising first totes configured to contain goods therein, a first access port configured to present the first totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising second totes configured to contain the goods therein, a second access port configured to present the second totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a robot configured to access the goods of the first totes at the first access port and access the goods of the second totes at the second access port; wherein the workstation is configured to allow the first and second groups of mobile robots to cycle into the workstation through the first and second entry ports at a first level and up to a second level above the first level to present the first and second groups of mobile robots to the first and second access ports, and to cycle out of the workstation through the first and second exit ports.
1. A workstation for an automated goods-to-person system, comprising: a housing comprising first and second sections, the first section comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising product totes carrying goods to fulfill an order, a first access port configured to present the product totes for transfer of goods from the product totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; and the second section comprising: a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising order totes for receiving goods from the product totes to fulfill an order, a second access port configured to present the order totes for receiving goods from the product totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a robot configured to access goods from the product totes through the first access port and transfer the goods to the order totes through the second access port; wherein the housing is configured to accept the first and second groups of mobile robots through the first and second entry ports at a first level, cycle the first and second groups of mobile robots into the housing and up to a second level above the first level to present the first and second groups of mobile robots to the first and second access ports, and then cycle the first and second groups of mobile robots out of the housing through the first and second exit ports.
2. The workstation of claim 1, further comprising a material control system configured to coordinate transfer of selected ones of the first totes to the workstation together with selected ones of the second totes.
2. The workstation of claim 1, further comprising a material control system configured to coordinate transfer of select product totes to the workstation together with select order totes.
3. The workstation of claim 2, further comprising one or more cameras configured to capture images of the first totes to enable the material control system to determine locations of the goods to be picked from the first totes.
3. The workstation of claim 2, further comprising one or more cameras configured to capture images of the product totes to enable the material control system to determine locations of goods to be picked from the product totes.
4. The workstation of claim 3, further comprising one or more cameras configured to capture images of the second totes to enable the material control system to determine locations of where the goods are to be placed into the second totes.
4. The workstation of claim 3, further comprising one or more cameras configured to capture images of the order totes to enable the material control system to determine locations of where goods are to be placed into the order totes.
5. The workstation of claim 4, wherein the one or more cameras configured to capture images of the first totes are the same cameras as the one or more cameras configured to capture images of the second totes.
5. The workstation of claim 4, wherein the one or more cameras configured to capture images of the product totes are the same cameras as the one or more cameras configured to capture images of the order totes.
6. The workstation of claim 4, wherein the one or more cameras configured to capture images of the first totes are different than the one or more cameras configured to capture images of the second totes.
6. The workstation of claim 4, wherein the one or more cameras configured to capture images of the product totes are different than the one or more cameras configured to capture images of the order totes.
7. The workstation of claim 1, further comprising: a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a group of the first totes, a third access port configured to present the group of the first totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation.
7. The workstation of claim 1, further comprising a third section, the third section comprising: a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a second group of product totes carrying goods to fulfill an order, a third access port configured to present the second group of product totes for transfer of goods from the second group of product totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation.
8. The workstation of claim 7, wherein each of the second entry port, second access port, and second exit port is positioned between the first entry port, first access port, and first exit port and the third entry port, third access port, and third exit port, respectively.
8. The workstation of claim 7, wherein the second section is positioned between the first and third sections.
9. The workstation of claim 7, further comprising a second robot configured to access the goods from the group of the first totes through the third access port.
9. The workstation of claim 7, further comprising a second robot configured to access goods from the second group of product totes through the third access port and transfer the goods to the order totes through the second access port.
10. The workstation of claim 9, further comprising a material control system configured to coordinate transfer of the group of the first totes to the workstation.
10. The workstation of claim 9, further comprising a material control system configured to coordinate transfer of goods from the product totes and second group of product totes to the order totes by the first and second robots.
11. The workstation of claim 10, the material control system further configured to: coordinate travel of the first group of one or more mobile robots to the workstation while the third group of one or more mobile robots is positioned at the third access port, and coordinate travel of the third group of one or more mobile robots to the workstation while the first group of one or more mobile robots is positioned at the first access port.
11. The workstation of claim 10, the material control system further coordinating travel of the first group of one or more mobile robots to the workstation while the third group of one or more mobile robots are positioned at the third access port, and the material control system coordinating travel of the third group of one or more mobile robots to the workstation while the first group of one or more mobile robots are positioned at the first access port.
12. The workstation of claim 1, further comprising a human picking platform configured to support a human operator for manual access to the first totes positioned at the first access port and to the second totes positioned at the second access port.
12. The workstation of claim 1, further comprising a human picking platform configured to support a human operator for manual transfer of goods from the product totes positioned at the first access port to the order totes positioned at the second access port.
13. A workstation for an automated goods-to-person system, comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising first totes configured to contain goods therein, a first access port configured to present the first totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising second totes configured to contain the goods therein, a second access port configured to present the second totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a robot configured to access the goods of the first totes at the first access port and access the goods of the second totes at the second access port; wherein the workstation is configured to the first and second groups of mobile robots to cycle into the workstation through the first and second access ports at a first side of the workstation, and to cycle out of the workstation through the first and second exit ports positioned at a second side of the workstation opposed to the first side of the workstation.
13. A workstation for an automated goods-to-person system, comprising: a housing comprising first and second sections, the first section comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising product totes carrying goods to fulfill an order, a first access port configured to present the product totes for transfer of goods from the product totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; and the second section comprising: a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising order totes for receiving goods from the product totes to fulfill an order, a second access port configured to present the order totes for receiving goods from the product totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a robot configured to access goods from the product totes through the first access port and transfer the goods to the order totes through the second access port; wherein the housing is configured to accept the first and second groups of mobile robots through the first and second entry ports at a first side of the housing, cycle the first and second groups of mobile robots into the housing to the first and second access ports, and then cycle the first and second groups of mobile robots out of the housing through the first and second exit ports positioned at a second side of the housing opposed to the first side of the housing.
14. The workstation of claim 13, further comprising a material control system configured to coordinate transfer of selected ones of the first totes to the workstation together with selected ones of the second totes.
14. The workstation of claim 13, further comprising a material control system configured to coordinate transfer of select product totes to the workstation together with select order totes.
15. The workstation of claim 14, further comprising one or more cameras configured to capture images of the first totes and second totes within the workstation to enable the material control system to determine locations of the goods to be picked from the first totes and placed into the second totes.
15. The workstation of claim 14, further comprising one or more cameras configured to capture images of the product totes and order totes within the workstation to enable the material control system to determine locations of goods to be picked from the product totes and placed in the order totes.
16. The workstation of claim 13, further comprising: a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a group of the first totes, a third access port configured to present the group of the first totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation.
16. The workstation of claim 13, further comprising a third section, the second section positioned between the first and third sections, the third section comprising: a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a second group of product totes carrying goods to fulfill an order, a third access port configured to present the second group of product totes for transfer of goods from the second group of product totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation.
17. The workstation of claim 16, further comprising a second robot configured to access the goods from the group of the first totes through the third access port.
17. The workstation of claim 16, further comprising a second robot configured to access goods from the second group of product totes through the third access port and transfer the goods to the order totes through the second access port.
18. A workstation for an automated goods-to-person system, comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising first totes configured to contain goods therein, a first access port configured to present the first totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising second totes configured to contain the goods therein, a second access port configured to present the second totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a group of the first totes, a third access port configured to present the group of the first totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation; and a robot configured to access the goods of the first totes at the first access port and access the goods of the second totes at the second access port; wherein: the second entry port is positioned between the first entry port and the third entry port; the second access port is positioned between the first access port and the third access port; and the second exit port is positioned between the first exit port and the third exit port.
18. A workstation for an automated goods-to-person system, comprising: a housing comprising first, second and third sections, the second section positioned between the first and third sections, the first section comprising: a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising a first group of product totes carrying goods to fulfill an order, a first access port configured to present the first group of product totes for transfer of goods from the first group of product totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; the second section comprising: a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising order totes for receiving goods from the product totes to fulfill an order, a second access port configured to present the order totes for receiving goods from the product totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation, and the third section comprising: a third entry port configured to allow a third group of one or more mobile robots to enter the workstation, the third group of mobile robots comprising a second group of product totes carrying goods to fulfill an order, a third access port configured to present the second group of product totes for transfer of goods from the second group of product totes, and a third exit port configured to allow the third group of mobile robots to exit the workstation; and a robot configured to access goods from the product totes through the first access port and transfer the goods to the order totes through the second access port.
19. The workstation of claim 18, further comprising a material control system configured to: coordinate travel of the first group of one or more mobile robots to the workstation while the third group of one or more mobile robots are positioned at the third access port; and coordinate travel of the third group of one or more mobile robots to the workstation while the first group of one or more mobile robots are positioned at the first access port.
19. The workstation of claim 18, further comprising a material control system configured to coordinate travel of the first group of one or more mobile robots to the workstation while the third group of one or more mobile robots are positioned at the third access port, and the material control system configured to coordinate travel of the third group of one or more mobile robots to the workstation while the first group of one or more mobile robots are positioned at the first access port.
20. The workstation of claim 19, further comprising one or more cameras configured to capture images of the first totes and second totes within the workstation to enable the material control system to determine locations of the goods to be picked from the first totes and placed into the second totes.
20. The workstation of claim 19, further comprising one or more cameras configured to capture images of the product totes and order totes within the workstation to enable the material control system to determine locations of goods to be picked from the product totes and placed in the order totes.
Allowable Subject Matter
Claims 1-20 would be allowable if a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is timely filed to overcome the rejection based on nonstatutory double patenting.
The following is an examiner’s statement of reasons for allowance: claim 1 is on a workstation for an automated goods-to-person system and recites, in part, “a first entry port configured to allow a first group of one or more mobile robots to enter the workstation, the first group of mobile robots comprising first totes configured to contain goods therein, a first access port configured to present the first totes, and a first exit port configured to allow the first group of mobile robots to exit the workstation; a second entry port configured to allow a second group of one or more mobile robots to enter the workstation, the second group of mobile robots comprising second totes configured to contain the goods therein, a second access port configured to present the second totes, and a second exit port configured to allow the second group of mobile robots to exit the workstation; and a robot configured to access the goods of the first totes at the first access port and access the goods of the second totes at the second access port; wherein the workstation is configured to allow the first and second groups of mobile robots to cycle into the workstation through the first and second entry ports at a first level and up to a second level above the first level to present the first and second groups of mobile robots to the first and second access ports, and to cycle out of the workstation through the first and second exit ports.” Those limitations when considering the claim as a whole were not found in the prior art.
US Pub. No. 2023/0183008 to Yamashita et al. (Yamashita) is considered the closest prior art to the subject matter of claim 1. Yamashita discloses a system and method for picking articles according to the goods-to-man principle at a picking station, in which articles are picked from product load carriers into order load carriers, the order load carriers are conveyed in a first row through the picking station, articles are presented in product load carriers and picking is carried out therefrom. The product load carriers are also conveyed in a second row through the picking station, the second row being arranged at an angle to the first row and picking taking place from a flow of product and order containers which are simultaneously conveyed through the picking station, to achieve a high throughput. However, Yamashita does not disclose conveying load carriers to and from the workstation via mobile robots, let alone accepting the mobile robots at entry ports on a first level, cycling the mobile robots to access ports on a second level, and then cycling the mobile robots to exit ports on the first level as recited in the claim. Thus, claim 1 is allowable as well as claims 2-12 which depend therefrom.
Additionally, independent claims 13 and 18 are allowable as each one recites features similar to those above in claim 1. Claims 14-17 and 19-20 are allowable as they depend from claims 13 and 18 respectively.
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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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.
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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
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