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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 6 recites the limitation “they”. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “them”. There is insufficient antecedent basis for this limitation in the claim.
Further, claim 15 fails to specific a base claim, thus the scope of the claim is unclear. Here, Examiner has interpreted claim 15 as dependent from base claim 1.
Examiner requests clarification and recommends amending the claims with language that clearly sets forth the claimed invention. In the interim, and in the interests of compact prosecution, the claims have been interpreted as set forth below.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention; or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 7, 11, 13, 15, 22-25, 38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stevens et al. (“Stevens”)(WO 2021/030692 A1).
Stevens teaches a warehousing system, comprising:
(re: claim 1) a work station area (fig. 9 near PS, WS; para. 166, 172 teaching multiple pick stations configured with work surfaces WS);
an inventory area, which is used for storing carriers, storage positions of the carriers being used for storing containers (fig. 9 showing storage carriers/racks 718, 920; para. 165-166);
a control server, which is configured to be used for generating a goods sorting instruction (fig. 14A-C and para. 198-209 teaching controller elements configured to perform inventory management task via carrying devices, wherein para. 208 teaches that controller 1450 includes data with updated location of all inventory items as well as map of all carrying devices; see also fig. 16 and para. 215-216 teaching process steps for transferring inventory items); and
a carrying device (712, 714, 918), which is configured to carry, according to the goods sorting instruction, at least two containers which have order relevance and are stored on different carriers to a same target carrier (fig. 8C showing carrying element 712, 714 with multiple objects; fig. 9 showing containers C1 and C2 and fixed container carrying device 918; para. 160-165, 186 teaching carrying elements configured to perform inventory management tasks, such as order fulfillment, that include lifting and transporting objects to a target carrier, such as flow rack 920, wherein para. 165 teaching that objects include “containers, cases, cartons, and/or pallets of supporting multiple items of inventory”—wherein Examiner regards any carrier/shelf/surface that is being used to transfer or receive an object as a target carrier);
(re: claim 2) wherein the control server is further configured to generate an order picking instruction, and the order picking instruction comprises the at least two containers that have been performed with goods sorting (fig. 9 showing containers C1 and C2 and para. 166, 186 teaching inventory management system configured to perform order fulfillment tasks involving inventory items within C1 and C2, e.g., “to satisfy e-commerce or mail orders”—thus order picking instruction is inherent in transport and placement of containers in work station area); and
the carrying device is further configured to take out, according to the order picking instruction, at least two containers on the target carrier and place them in the work station area (para. 166, 168 teaching that rack structures may feed objects to the pick station using rollers or other conveying elements);
(re: claim 3) wherein the carrying device is configured to:
transfer, when being required to carry one container according to the goods sorting instruction, the container to a free storage position of the target carrier (para. 167 teaching that carrying elements have rollers for transferring objects to target carrier; see also para. 164-166 teaching carrying element 918 configured to “elevate for transfer, individual inventory items or, in the alternative, containers, cases, cartons, and/or pallets of supporting multiple items of inventory”);
or exchange the container with another container on the target carrier (para. 169 teaching that articles that are no longer required can be removed from target carrier and replaced with “fast moving inventory items”);
(re: claim 4) wherein the carrying device is configured to
transfer, when being required to move a plurality of containers according to the goods sorting instruction, the plurality of containers to free storage positions of the target carrier respectively (para. 164-166 teaching transfer of a plurality of containers, cases, cartons, etc.); or
exchange the plurality of containers with other containers on the target carrier (para. 169); or,
transfer some of the plurality of containers to free storage positions of the target carrier and exchange others of the plurality of containers with other containers on the target carrier (para. 164-166 and 169);
(re: claim 6) wherein: when the carrier is a fixed carrier (718, 920), the carrying device comprises:
a movable container carrying device, which is configured to take out, in the inventory area according to the goods sorting instruction, the at least two containers from the current carriers where the at least two containers the at least two containers
the movable container carrying device is further configured to take out, in the inventory area according to the order picking instruction, the at least two containers on the target carrier, and move from the inventory area to the work station area for picking (para. 168, 186);
(re: claim 7) wherein when the carrier is a movable carrier, the movable carrier comprises a plurality of placement positions, the placement positions are used for placement of containers that are used for storing goods, and
the carrying device comprises a carrier carrying device and a fixed container carrying device which is arranged in the work station area (fig. 8C showing carrier carrying element 712 placed underneath movable carrier 718 with multiple placement positions; fig. 9 showing fixed container carrying element 918; para. 164-170, 186 teaching that carrying element 712 is configured to cooperate with fixed container carrying element 918 to transfer “containers, cases”, etc. to carrier 920 arranged in work station area/pick station to allow order fulfillment tasks to be completed or carrying element may include a discharge assistant to transfer objects directly to carrier 920); and
the carrier carrying device is configured to carry, according to the goods sorting instruction, current carriers storing at least two containers respectively and a target carrier from the inventory area to the work station area, and the fixed container carrying device, is configured to take out, according to the goods sorting instruction, at least two containers from current carriers where they are respectively located and place them onto the target carrier (Id.); or,
the carrier carrying device is configured to carry, according to the goods sorting instruction, current carriers storing at least two containers respectively from the inventory area to the work station area, and the fixed container carrying device is configured to select, according to the goods sorting instruction, one current carrier as a target carrier, take out containers on the remaining current carriers and place them onto the target carrier (Id.); and/or
the fixed container carrying device is further configured to take out, according to the order picking instruction, at least two containers from the target carrier for picking (Id.);
(re: claim 11) a waiting area, wherein:
the control server is further configured to be used for controlling the carrier carrying device to carry at least one pair of carriers selected by the goods sorting instruction (fig. 9 showing carrier carrying element 712 configured to carry multiple carriers 718a to the work station area near the operators from a waiting area on the left; para. 164-166, 170-171, 173 teaching transport of carriers with high demand inventory to work station area from more remote areas in facility, i.e., waiting area, wherein it is inherent that one carrier arrives first from a waiting area first; see also fig. 12 and para. 191 teaching that fig. 9 embodiment may be configured with additional storage location, i.e., waiting area);
when one carrier in the at least one pair of carriers selected by the goods sorting instruction arrives at the work station area first, the carrier carrying device carries the carrier arriving at the work station area first to the waiting area to wait for the arrival of the remaining carriers in the at least one pair of carriers selected by the goods sorting instruction (Id.); and
when the remaining carriers in the at least one pair of carriers selected by the goods sorting instruction arrive at the work station area, the carrier carrying device is controlled to carry the carrier in the waiting area to the work station area (Id.);
(re: claim 13) wherein the fixed container carrying device has a temporary storage mechanism, the temporary storage mechanism has at least one temporary storage position, and the temporary storage position is used for temporarily storing containers (fig. 9 showing that fixed container carrying element 918 has temporary storage surface near 711; para. 164-165 teaching that fixed carrying element 918 is configured to cooperate with other carrying elements 712 to transfer containers onto the temporary storage position and onto a target carrier 718/920); and
the control server is further configured to be used for controlling the carrier carrying device to carry one pair of carriers selected by the goods sorting instruction to the work station area, and the fixed container carrying device is further configured to be used for taking out containers on the carriers, placing the containers onto the temporary storage position, taking out the containers from the temporary storage position after the target carrier arrives, and placing the containers onto the target carrier (Id.; see also fig. 16 and para. 160-166, 186, 215-216 teaching inventory management system configured to perform order fulfillment tasks);
(re: claim 15) wherein the carrying device further comprises
an identification apparatus, and the identification apparatus is configured to be used for identifying-
whether there is a container stored at a storage position of a carrier selected by the goods sorting instruction (fig. 14B showing object sensing element 1415; para. 142-142 teaching that each carrying element can be configured with a reader to scan storage location as well as container to verify that storage location is the appropriate storage location to complete inventory management task; para. 137, 205-208 teaching that controller 1450 includes data with updated location of all inventory items as well as map of all carrying devices to properly allocate inventory items);
(re: claim 22) the inventory area comprises a first area and a second area, a maximum distance from the first area to the work station area is not greater than a first predetermined distance, and a minimum distance from the second area to the work station area is greater than the first predetermined distance (fig. 1b showing work station area of fig. 9 configured with multiple inventory areas near 60a, 60b, 60c, 16 and 110; para. 89-90, 93-95 teaching storage racks/carriers 60a-60c configured as buffer area to serve picking/sortation areas, wherein 60a can be regarded as a first area and 60c or 110 as a second area and a predetermined distance can be selected that is not greater than a maximum distance to 60a and is lesser than a minimum distance from 60c);
the control server is configured to acquire a future order and hit at least one of the containers according to the future order, wherein the container that has been hit is denoted as a hit container and a movable carrier storing the hit container is denoted as a hit carrier (fig. 16 and para. 160-166, 186, 215-216 teaching inventory management system configured to perform order fulfillment tasks including determining inventory items to be transported to the faster moving goods area from the storage area and assigning a group of carrying elements to perform said transport tasks, wherein the container and carrier containing the order item or a high inventory item needed for order fulfillment of a current or future order can be regarded as the hit container and hit carrier);
the carrier carrying device is configured to carry at least one first movable carrier and at least one second movable carrier that are parked in the inventory area to the same work station area (Id. and fig. 9 showing carriers 60d, 60e, 60f moved to work station area to perform inventory tasks discussed above),
wherein at least the second movable carrier is a hit carrier (Id.); and
the fixed container carrying device is configured to place at least one hit container on the at least one second movable carrier onto at least one first movable carrier (fig. 9 showing fixed container carrying element 918; para. 164-170, 186-188 teaching that carrying element 712 is configured to cooperate with fixed container carrying element 918 to transfer “containers, cases”);
wherein the first movable carrier having the hit container placed from the second movable carrier is denoted as a goods-sorted carrier, and the first movable carrier is a target carrier, and the carrier carrying device is configured to carry at least one goods-sorted carrier back to the first area (para. 93-95 teaching carrying element configured to refresh inventory areas before returning carrier/items to storage area that are not needed for pick/sortation process, wherein Examiner regards the returning carrier as a goods-sorted carrier as the need items have been removed for further processing such as sorting);
(re: claim 23) wherein the carrier carrying device is configured to carry at least one first movable carrier and at least one second movable carrier parked in the inventory area to the same work station area during non-production time of the work station area (para. 160-166, 186-188, 215-216 teaching carrying multiple movable carriers to high inventory/workstation area, wherein Examiners regards the carrying device as capable of transport during non-production time); and
the fixed container carrying device is configured to place at least one hit container on the at least one second movable carrier onto at least one first movable carrier (para. 93-95, 164-170, 186-188 teaching use of fixed container carrying device to transfer containers from and to different storage elements—including movable carriers);
(re: claim 24) wherein the carrier carrying device for carrying the at least one goods-sorted carrier back to the first area is specifically configured to:
carry, when there is a vacant parking position in the first area, the goods-sorted carrier back to the first area; and
carry, when there is no vacant parking position in the first area, a non-goods-sorted carrier in the first area to the second area, and then carry the goods-sorted carrier to the first area (para. 94-96 teaching carrying element transporting carriers to various storage areas in warehouse system—thus Examiner regards said carrying element as capable of carrying a goods-sorted carrier to a vacant parking position in a respective area);
(re: claim 25) wherein the future order comprises an order for generating a production task for a next production period (para. 186-188, 205 teaching inventory management system allocating items for processing during current and future management intervals based on known and forecast demand—i.e., estimated order); and/or
an estimated order (Id.);
(re: certain elements of claim 34) wherein the work station area further comprises a temporary storage position, the temporary storage position is used for placement of the containers, and the fixed container carrying device is configured to at least transfer the containers between the placement position and the temporary storage position (fig. 9 showing that fixed container carrying element 918 has temporary storage surface near 711; para. 164-165 teaching that fixed carrying element 918 is configured to cooperate with other carrying elements 712 to transfer containers onto the temporary storage position and onto a target carrier 718/920).
(re: claims 38, 40) The claimed control method steps are performed in the normal operation of the device cited above
Claim Rejections - 35 USC § 103
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 of this title, 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 34 is rejected under 35 U.S.C. 103 as being unpatentable over Stevens et al. (“Stevens”)(WO 2021/030692 A1) in view of Ahmann (US 2024/0043215).
Stevens as set forth above teaches all that is claimed except for expressly teaching
(re: certain elements of claim 34) the work station area further comprises:
a support frame; and
at least one guide mechanism, which is arranged onto the support frame, the guide mechanism being transversely movable and vertically movable relative to the support frame,
wherein a container taking and placing apparatus is arranged onto the guide mechanism, and the temporary storage position is arranged onto the support frame.
Ahmann, however, teaches that it is well-known in the automated warehouse and order fulfillment arts to configure a work station area with transversely and vertically movable guide to optimize use of a warehouse space and container management (fig. 4, 12 showing movable guide near 405 on a support frame; para. 135-137 teaching that use of temporary storage positions with vertically and transverse transfer capabilities allows optimal use of warehouse storage space).
It would thus be obvious to one with ordinary skill in the art to modify the base reference with these prior art teachings—with a reasonable expectation of success—to arrive at the claimed invention. The rationale for this obviousness determination can be found
in the prior art itself as cited above and from an analysis of the prior art teachings that demonstrates that the modification to arrive at the claimed invention would merely involve the substitution/addition of well-known elements (e.g., guide and frame elements) with no change in their respective functions. Moreover, the use of prior art elements according to their known functions is a predictable variation that would yield predictable results (e.g., benefit produced by known function), and thus cannot be regarded as a non-obvious modification when the modification is already commonly implemented in the relevant prior art. See also MPEP 2143.I (teaching that simple substitution of one known element for another to obtain predictable results is known to one with ordinary skill in the art); 2144.06, 2144.07 (teaching as obvious the use of art recognized equivalences). Further, the prior art discussed and cited demonstrates the level of sophistication of one with ordinary skill in the art and that these modifications are predictable variations that would be within this skill level. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Stevens for the reasons set forth above.
Allowable Subject Matter
Claims 36, 37, 42 and 44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any references not explicitly discussed above but made of record are regarded as helpful in establishing the state of the prior art and are thus considered relevant to the prosecution of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C RODRIGUEZ whose telephone number is 571-272-3692 (M-F, 9 am – 6 pm, PST). The Supervisory Examiner is MICHAEL MCCULLOUGH, 571-272-7805.
Alternatively, to contact the examiner, send an E-mail communication to Joseph.Rodriguez@uspto.gov. Such E-mail communication should be in accordance with provisions of the MPEP (see e.g., 502.03 & 713.04; see also Patent Internet Usage Policy Article 5). E-mail communication must begin with a statement authorizing the E-mail communication and acknowledging that such communication is not secure and may be made of record. Please note that any communications with regards to the merits of an application will be made of record. A suggested format for such authorization is as follows: "Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file”.
Information regarding the status of an application may also be obtained from the Patent Center: https://patentcenter.uspto.gov/
/JOSEPH C RODRIGUEZ/Primary Examiner, Art Unit 3655
Jcr
---
July 18, 2026
Prosecution Insights