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 .
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 1-9, 12, 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 10, and 11 of U.S. Patent No. 12,116,204. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of the patent.
Regarding claim 1, patent claim Wang (US ‘204) recited a container retrieval apparatus, comprising: a body, an extendable device with at least three arms, a control device, a driving device and a linkage that comprises first and second timing belts. Therefore, patent claim 1 of Wang (US ‘204) is in essence a “species” of the generic invention of application claim 1. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic inventio. See In re Goodman, 29 USPQ2d 2010 (Fed. Cri. 1993).
Regarding claims 2-7, patent claims 2-7 of Wang (US ‘204) further recite the same details of the container retrieval apparatus and anticipate claims 2-7 of the application.
Regarding claims 8 and 9, patent claims 10 and 11 of Wang (US ‘204) further recite the details of the sensor and control device and anticipate claims 8 and 9 of the application.
Regarding claim 12, patent claims 1, 7, and 10 of Wang (US ‘204), where 7 depends from 1 and 10 depends from 7, recited a container retrieval apparatus, an extendable device, a control device, a driving device, a shifting finger, and a tail section. Therefore, the combination of patent claims 1, 7, and 10 of Wang (US ‘204) is in essence a “species” of the generic invention of application claim 12. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic inventio. See In re Goodman, 29 USPQ2d 2010 (Fed. Cri. 1993).
Regarding claims 15-17, patent claims 1 and 2 of Wang (US ‘204) further recite the details of the linkage mechanism, first and second timing belt, limit rib, middle arm, tail section and anticipate claims 15-17 of the application.
Regarding claim 18, patent claim 7 of Wang (US ‘204) further recites the details of a power supply status and shifting fingers and anticipates claim 18 of the application.
Regarding claim 19, patent claim 10 of Wang (US ‘204) further recites the sensor assembly and anticipates claim 19 of the application.
Claim Rejections - 35 USC § 102
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.
Claim(s) 12, 14, 15, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 20 2004 004 620.
Regarding claim 12, DE ‘620 teaches a container retrieval apparatus, comprising:
a body defining a warehouse therein, the warehouse having a goods inlet, see figures 1-3;
an extendable device, 22, comprising extendable arms arranged on two opposite sides of the goods inlet, see figure 4; each extendable arm comprising at least three arms, see figure 7, capable of sliding relatively, the at least three arms being extendable in a first direction, the first direction being a goods inlet and outlet direction of the warehouse, wherein a first section arm of the at least three arms is slidably connected to the body, a tail end of a tail section arm away from the body is provided with a shifting finger structure, 54a and 54b;
a control device configured to control the shifting finger structure to rotate to a position where a container to be handled can be shifted; and
a driving device comprising a driving assembly, see figure7, configured to drive the first section arm of each extendable arm to slide relative to the body, see translated section reproduced here: Any telescopic arm 22 is with a drive element 26 , for example, an endlessly rotating driving means, such as a chain or belt drive, drive-connected, with an upper run of the endlessly rotating drive element 26 and the takeaway 25 are in positive engagement with each other and the telescopic arms 22 apply a driving force. The endlessly trained drive elements 26 are each around a drive wheel 27 and several driven wheels 28 guided and via at least one drive motor 29 driven synchronously. The two drive wheels 27 are preferably via a drive shaft, not shown, on the common drive motor 29 , in particular servo motor, stepper motor, coupled to transmit the driving force. Of course, any drive mechanism can 26 on its own drive motor 29 be coupled, then the two drive motors 29 are synchronized,
wherein the shifting finger structure comprises a steering engine, 95, fixed to the tail end of the tail section arm, and a shifting finger connected to the steering engine, and
wherein the tail section arm is provided with a sensor assembly, 99, configured to detect the container to be handled; and the control device is further configured to control the shifting finger structure to rotate to a position where the container to be handled can be shifted, when the sensor assembly detects the container to be handled.
Regarding claim 14, DE ‘620 teaches the driving assembly comprises a driving motor, 29, arranged at the body, and a transmission shaft connected to the driving motor through a belt; the transmission shaft is configured to synchronously drive two timing belts, 26, arranged at the body; and the two timing belts are configured to respectively drive the first section arms of the two extendable arms to slide relative to the body.
Regarding claim 15, DE ‘620 teaches the driving device further comprises a linkage mechanism configured to drive linkage between adjacent arms of each extendable arm.
Regarding claims 18 and 19, DE ‘620 teaches the body is provided with a power supply apparatus, the shifting finger structure further comprises a cable connected to the steering engine, and the cable is connected to the power supply apparatus and the sensor, 99, is connected to the control device, see translated portion of reference reproduced here: The strap 106 includes tension cables, not shown, made of electrically conductive material and are some of the tension cables for energy and / or signal transmission via an interface, for example plugs or terminal strips, with the central lines for energy and / or signal transmission on the support frame 23 and on the top slide 24b transferably connected. It is thus possible in a simple manner to exchange energy and / or signals between those in the upper slide 24b arranged actuators, eg actuators 95 , and / or sensors 99 and one over, for example, in the support frame 23 arranged interface with the higher-level control device, for example programmable logic controller (PLC), computer control, because the actuators 95 and / or sensors 99 and the control device are connected to one another in terms of control technology.
Regarding claim 20, DE ‘620 teaches a container retrieval apparatus, comprising:
a body defining a warehouse therein, the warehouse having a goods inlet, see figures 1-3;
an extendable device, 22, comprising extendable arms arranged on two opposite sides of the goods inlet, see figure 4; each extendable arm comprising at least three arms capable of sliding relatively, see figure 7, the at least three arms being extendable in a first direction, the first direction being a goods inlet and outlet direction of the warehouse, wherein a first section arm of the at least three arms is slidably connected to the body, a tail end of a tail section arm away from the body is provided with a shifting finger structure, 54a and 54b;
a control device, 95, configured to control the shifting finger structure to rotate to a position where a container to be handled can be shifted; and
a driving device comprising a driving assembly configured to drive the first section arm of each extendable arm to slide relative to the body, and a linkage mechanism configured to drive linkage between adjacent arms of each extendable arm,
wherein the driving assembly comprises a driving motor arranged at the body, and a transmission shaft connected to the driving motor through a belt; the transmission shaft is configured to synchronously drive two timing belts arranged at the body; and the two timing belts are configured to respectively drive the first section arms of the two extendable arms to slide relative to the body, see translated section reproduced here: Any telescopic arm 22 is with a drive element 26 , for example, an endlessly rotating driving means, such as a chain or belt drive, drive-connected, with an upper run of the endlessly rotating drive element 26 and the takeaway 25 are in positive engagement with each other and the telescopic arms 22 apply a driving force. The endlessly trained drive elements 26 are each around a drive wheel 27 and several driven wheels 28 guided and via at least one drive motor 29 driven synchronously. The two drive wheels 27 are preferably via a drive shaft, not shown, on the common drive motor 29 , in particular servo motor, stepper motor, coupled to transmit the driving force. Of course, any drive mechanism can 26 on its own drive motor 29 be coupled, then the two drive motors 29 are synchronize.
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Allowable Subject Matter
Claims 1-9 are solely rejected under double patenting. The claimed subject matter of independent claim 1 was found to be allowable over the prior art and would be allowable upon filing of a terminal disclaimer.
Regarding claim 1, applicant claims a container retrieval apparatus, comprising:
a body defining a warehouse therein, the warehouse having a goods inlet; an extendable device comprising extendable arms arranged on two opposite sides of the goods inlet;
each extendable arm comprising at least three arms capable of sliding relatively, the at least three arms being extendable in a first direction, the first direction being a goods inlet and outlet direction of the warehouse, wherein a first section arm of the at least three arms is slidably connected to the body, a tail end of a tail section arm away from the body is provided with a shifting finger structure;
a control device configured to control the shifting finger structure to rotate to a position where a container to be handled can be shifted; and
a driving device comprising a driving assembly configured to drive the first section arm of each extendable arm to slide relative to the body, and a linkage mechanism configured to drive linkage between adjacent arms of each extendable arm,
wherein the at least three arms are three arms, the linkage comprises a first timing belt and a second timing belt;
the first timing belt is arranged at the first section arm, and the first timing belt is fixedly connected to the body and a middle arm of the three arms separately, and configured to drive the middle arm to slide relative to the body; and
the second timing belt is arranged at the middle arm, and the second timing belt is fixedly connected to the first section arm and the tail section arm separately, and configured to drive the tail section arm to slide relative to the first section arm.
After an extensive search of the prior art the examiner was unable to find a teaching of the apparatus as claimed, that includes an extendable device with three arms and a linkage with a first timing belt and second timing belt, where the first timing belt is arranged at the first section arm and is fixedly connected to the body and a middle arm of the three arms separately to drive the middle arm and the second timing belt is arranged at the middle arm and is fixedly connected to the first arm section and the tail section arm separately.
Examples of retrieval apparatuses with three arms are known in the prior art, see cited DE ‘620 and others, such as DE 10 2010 022 625, and US 8,790,061, to highlight a few. None of the prior art teach the timing belt arrangement, as claimed, and it would not be obvious to modify the prior art to teach this claimed feature.
Claims 10 and 11 are objected to as being dependent upon rejected base claim 1, and would be allowable upon filing of a proper terminal disclaimer.
Claims 13, 16, and 17 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.
Claim 13 claims the sensor assembly comprises through-beam sensors arranged to two tail section arms of two opposite extendable arms, and forward detectors arranged to tail section arms of the two extendable arms; and the forward detectors are configured to detect a situation in an extendable direction of the extendable arms such that the extendable arms are located at two sides of the container to be handled during extension and retraction; and the through-beam sensors are configured to detect whether the positions of the shifting fingers are in place and configured to detect whether the container to be handled is stuck when the shifting fingers are rotated.
While the prior art was found to teach through-beam sensors, see DE ‘620, the prior art did not specifically teach that the sensors are configured to detect whether the container to be handled is stuck when the shifting fingers are rotated. This feature was found to be allowable.
Claims 16 and 17 are allowable for the same reasons stated above regarding claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional cited art on the PTO-892, such as DE 10 2010 022 625, US 2015/0321845 and US 8,790,061 all show examples of prior art which teach a container retrieval apparatus with extendable arms similar to the applicant’s claimed invention. They are included to show the state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLIN S JOERGER/Primary Examiner, Art Unit 3655
5 June 2026
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