DETAILED ACTION
This application includes independent claims 21, 35, and 37; and dependent claims 22-34, 36, and 38-40.
The Preliminary Amendment has been entered.
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 .
Priority
This application is a Continuation Application of U.S. Application Ser. No. 18/455,902, filed 8/25/20023, now U.S. Patent 12,090,522, which is a Continuation of U.S. Application Ser. No. 17/812,055, filed July 12, 2022, now U.S. Patent 11,759,286.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,090,522. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of this application completely encompass the claims of the patent. One could not make or use the claimed invention of the patent without infringing the claims of this application.
Claim Rejections - 35 USC § 103
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.
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) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gealy et al. (US 2022/0072587) in view of Schack et al. (US 10,611,568).
Regarding independent claim 21, Gealy discloses a multi-level induction station, comprising: a plurality of platforms (120) arranged in a vertical stacked configuration; a transport device (122) provided on each platform; an automated lift (see Fig. 6, 130/133, and para. 0070) travelling between the platforms, the lift having an article-carrying surface (see at least para. 0146); and a control system comprising a processor (see at least para. 0077), the processor configured for: determining a destination area for the article positioned on the article-carrying surface of the lift (see at least para. 0077); directing the lift to deposit the article onto a transport device operating on a first platform of the plurality of platforms that corresponds with the destination area by manipulating the article-carrying surface of the lift (see at least paras. 0077 and 0146); and directing the transport device to the destination area (see at least para. 0077). Gealy discloses all the limitations of the claim, but it does not disclose that the plurality of platforms are fitted within a single floor of a building. However, Schack discloses a similar apparatus which includes a plurality of platforms arranged in a vertical stacked configuration fitted within a single floor of a building for the purpose of utilizing as much space as possible on a floor for storage. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Gealy by having the plurality of platforms fitted within a single floor of a building, as disclosed by Schack, for the purpose of utilizing as much space as possible on a floor for storage.
Regarding independent claim 35, Gealy discloses a control system for a multi-level induction station, the control system having a processor (see at least para. 0077) configured for: determining a destination area for an article positioned on an article-carrying surface of an automated lift (see Fig. 6, 130/133, and paras. 0070 and 0077), the lift travelling between a plurality of platforms arranged in a vertical stacked configuration (see para. 0070); directing the lift to deposit the article onto a transport device operating on a first platform of the plurality of platforms by manipulating the article-carrying surface of the lift (see para. 0077 and 0146); and directing the transport device to the destination area (see at least para. 0077). Gealy discloses all the limitations of the claim, but it does not disclose that the plurality of platforms are fitted within a single floor of a building. However, Schack discloses a similar system which includes a plurality of platforms arranged in a vertical stacked configuration fitted within a single floor of a building for the purpose of utilizing as much space as possible on a floor for storage. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Gealy by having the plurality of platforms fitted within a single floor of a building, as disclosed by Schack, for the purpose of utilizing as much space as possible on a floor for storage.
Regarding independent claim 37, Gealy discloses a method comprising: determining, by a processor (see at least para. 0077), a destination area for an article positioned on an article-carrying surface of an automated lift (see Fig. 6, 130/133, and paras. 0070 and 0077), the lift travelling between a plurality of platforms arranged in a vertical stacked configuration (see at least para. 0070); directing, by the processor, the lift to deposit the article onto a transport device operating on a first platform of the plurality of platforms by manipulating the article-carrying surface of the lift (see paras. 0077 and 0146); and directing, by the processor, the transport device to the destination area (see at least para. 0077). Gealy discloses all the limitations of the claim, but it does not disclose that the plurality of platforms are fitted within a single floor of a building. However, Schack discloses a similar system which includes a plurality of platforms arranged in a vertical stacked configuration fitted within a single floor of a building for the purpose of utilizing as much space as possible on a floor for storage. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Gealy by having the plurality of platforms fitted within a single floor of a building, as disclosed by Schack, for the purpose of utilizing as much space as possible on a floor for storage.
Regarding dependent claims 22-34, 36, and 38-40, Gealy discloses one or more of a: rail system, track system and conveyor system (see at least Fig. 5); and an information acquisition device for reading article data from the article positioned on the article-carrying surface of the lift (see at least para. 0077). The article data from the information acquisition device is received at the processor (see at least para. 0077). The multi-level induction station is one or more of: portable, on wheels, modular, and reconfigurable (see at least para. 0045). More than one article is placed on the article-carrying surface of the lift (Gealy is capable of performing this function). The processor is further configured for directing the lift to an article induction height (see at least para. 0077). The transport device is in wireless communication with the control system, wherein the transport device travels in all directions across the first platform based on instructions/signals received from the control system (see at least para. 0212). The lift is configured for movement in three-dimensional space (see Fig. 6). The processor is further configured for directing the lift to an induction height, wherein the induction height is set to one of: a default height determined by the processor, and a user-specified height (see at least para. 0077). The article is manually loaded onto the lift (Gealy is capable of performing this function). The transport device is at an article-receiving position at the first platform prior to the lift depositing the article onto the transport device operating on the first platform (Gealy is capable of performing this function). The multi-level induction station comprises multiple frames positioned proximate to one another (see at least Fig. 6). The article is delivered to the multi-level induction station by a one of: an automated mobile transport device (111), a conveyor, and a pick port from an automated storage system (see at least para. 0074).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lindbo (US 2024/0190658) and Ingram-Tedd et al. (US 12,071,307) disclose multilevel induction stations fitted in a single floor of a building.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/ Primary Examiner, Art Unit 3653