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 .
Response to Arguments
112/102 rejections have been withdrawn.
Argument:
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Response:
The examiner disagrees. Claims do not recite any steps/structure for actually carrying out loads. The management device only generates storage information. Claim 1 does recite “such that loads….are distributed…”, but that is expressing an intended use of the storage information and not controlling any machines to store loads.
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Response:
The examiner disagrees. Claims do not recite any steps/structure for actually dispersedly storing loads. The management device only generates storage information. Claim 1 does recite “such that loads….are distributed…”, but that is expressing an intended use of the storage information and not controlling any machines to store loads.
Argument:
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Response:
The examiner does not see how anything is improved. The climax of claim 1 is the generation of storage information. Claim 1 does recite “such that loads….are distributed…”, but that is expressing an intended use of the storage information and not controlling any machines to store loads.
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Response:
The examiner does not see how anything is improved. The climax of claim 1 is the generation of storage information. Claim 1 does recite “such that loads….are distributed…”, but that is expressing an intended use of the storage information and not controlling any machines to store loads.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “obtainer” and “generator” in claims 1-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-5 all recite subject matter falling within one of the four categories of invention (Step 1).
Exemplary claim 1-4 recite:
1. (Currently Amended) An automated storage system comprising: a group of automated storages that store different types of loads; a plurality of stations that receive loads carried out of the group of automated storages; one or more carriers that carry the loads from the group of automated storages to the plurality of stations; and a management device that determines storage positions of the different types of loads in the automated storages, wherein the management device includes:
a category information obtainer that obtains category information for categorizing the different types of loads into a first category, a second category, and a third category on a load type basis based on a load carrying frequency;
wherein loads categorized as the first category are stocked to be placed in all or almost all of the automated storages, loads categorized as the second category are stocked to be placed in some but not all of the automated storages, and loads categorized as the third category comprise loads with only one same load stocked in the group of automated storages;
a neighboring area information obtainer that obtains neighboring area information indicating, in the group of automated storages, neighboring areas in which loads categorized as the second category are stored and each of which is temporally proximate to a different one of the plurality of stations, wherein temporally proximate means that a time from when a carrier device takes the load from a rack until a carrier delivers the load to the station is shorter relative to other neighboring areas corresponding to other stations; and
a storage information generator that generates storage information for dispersedly storing loads categorized as the first category in the automated storages based on the category information and for dispersedly storing the loads categorized as the second category in the neighboring areas based on the category information and the neighboring area information, such that loads categorized as the second category are distributed across different neighboring areas each associated with a respective different station among the plurality of stations.
2. (Currently Amended) The automated storage system according to claim 1, wherein the storage information generator generates storage information for storing loads categorized as the third category in an area farther away from the stations than the neighboring areas are based on the category information and the neighboring area information.
3. (Currently Amended) The automated storage system according to claim 1, wherein the management device further includes: a carrying information generator that, when receiving an order indicating that a load categorized as the second category and a load categorized as the first category are to be carried out of the group of automated storages, generates carrying information by determining a neighboring area among the neighboring areas out of which the load categorized as the second category is carried, and by determining the load categorized as the first category that is included in the order and carried out of the group of automated storages simultaneously with the load categorized as the second category that is carried out of the neighboring area determined.
4. (Currently Amended) The automated storage system according to claim 1, wherein the management device further includes: a storage state obtainer that obtains a storage state of the loads categorized as the second category and stored in the neighboring areas, and the storage information generator generates storage information for storing a load in a neighboring area other than neighboring areas among the neighboring areas in which the loads categorized as the second category are already stored.
But for the recitation of the underlined additional elements claims 1-4 recite steps that constitute observations, evaluations and judgements related to inventory in a warehouse. A person is mentally capable of observing category information, area information and using the information to determine where to store inventory. Thus claims 1-4 recite a mental process (Step 2A_1).
Claims 1-4 recite the additional elements:
1) a conventional automated storage system comprising a group of storages, a plurality of stations, one or more carriers
2) a management device and associated hardware (obtainers and generators)
The automated storage system comprising a group of storages, a plurality of stations, one or more carriers is a recitation of a type of warehouse environment and amounts to a technical environment. Per MPEP 2106.05(h): Limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application. Also automated storage systems comprising a group of storages, a plurality of stations, one or more carriers are conventional (See Sullivan US 20200103882 A1 paragraph 4). Per MPEP 2106.05(d), well-understood, routine and conventional activity does not provide significantly more.
Regarding the management device and associated obtainers and generators, these limitations are recited at a high degree of generality such that they amount to mere instructions to implement the abstract, which per MPEP 2106.05(f) means they do not provide a practical application or significantly more.
Based on the above claims 1-4 are considered to be directed to an abstract idea without a practical application or significantly more and are ineligible (Step 2A_2, Step 2B). Claim 5 mirrors claim 1 and is considered ineligible for the same reasons.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN A MITCHELL whose telephone number is (571)270-3117. 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, Ryan Zeender can be reached at 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627