DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status Claim Priority
Claims 32-52 are currently being examined. Claims 1-31 were canceled in a preliminary amendment.
This Application makes a claim of priority to a Provisional Application and the chain of Continuing Applications set forth in the Specification. This claim of Continuation priority based on the Provisional Application and Continuation Applications is being questioned as set forth in Paragraph 5 set forth hereinbelow.
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in claims 32, 38, 39, 45, 46, and 52. Therefore, the “container support area” must be shown, including reference numerals as appropriate, or the feature canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification and Objections
The Specification is objected to because a/the “container support area” is not disclosed or otherwise described in any detail in the Specification. In fact, the claims that are set forth hereinabove are the first instance in which a/the “container support area” is introduced. Appropriate correction is required without adding any new matter. Please be advised that a/the “container support area” is neither disclosed nor recited in any of the Provisional Application and Continuing Applications to which this Application makes a claim of priority.
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 32, 38, 39, 45, 46, and 52 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, a joint inventor, or the applicant regards as the invention.
Claims 32, 38, 39, 45, 46, and 52 each contain a limitation with the phrase a “container support area”. The phrase “container support area” cannot be found in either the Specification or the Drawings. As a result, the claims fail to particularly point out and distinctly claim the subject matter which the inventor, a joint inventor, or the applicant regards as the invention.
Claims 32, 39, and 46 each contain limitations with the phrase “the support area” that lack a proper antecedent basis that render each respective claim indefinite.
Claims 33-37, 40-44, and 47-51 are rejected ax being dependent on a rejected base claim.
Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Further provided, however, that all of the Drawing Objections, Specification Objections, and 35 USC § 112 (b) rejections set forth hereinabove are satisfactorily resolved.
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 32 - 52 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 2, 5-8,m 11, 13-15, and 18 of U.S. Patent No. 10,649,445. Although the conflicting claims are not identical, they are not patentably distinct from each other because the '445 patent discloses the following with respect to the Applicant’s claims:
32. A storage, retrieval and processing system for processing objects, said storage, retrieval and processing system comprising: (See Claim 1)
a storage area including a plurality of vertically arranged source bins for containing a plurality of objects to be processed; (See Claim 1)
a programmable motion device at the storage area proximate the plurality of source bins, (See Claim 1)
the programmable motion device for grasping and moving any of the plurality of objects from the plurality of source bins to a plurality of containers; and (See Claim 1)
a plurality of automated mobile carriers, (See Claim 1)
each automated mobile carrier including a container support area for supporting thereon a container of the plurality of containers, (See Claim 1)
each automated mobile carrier further including a plurality of wheel assemblies below the support area for providing movement of the automated mobile carrier into and out of the storage area in a first direction (See Claim 1)
as well as a second direction that is orthogonal with respect to the first direction, (See Claim 1)
the automated mobile carrier providing that an orientation of the support area does not change when the wheel assemblies change from moving the automated mobile carrier in the first direction to moving the automated mobile carrier in the second direction. (See Claim 1)
33. The storage, retrieval and processing system of claim 32, wherein the storage area includes a platform that is vertically movable to raise and lower both the programmable motion device and at least one of the plurality of automated mobile carriers. (See Claim 5)
34. The storage, retrieval and processing system of claim 33, wherein the vertically arranged source bins are provided as a multi-level tower that includes an opening through which the plurality of automated mobile carriers access the platform when the platform is at a lowest level of the multi-level tower. (See Claim 1)
35. The storage, retrieval and processing system of claim 32, wherein each of the automated mobile carriers includes at least two wheel assemblies that are pivotally mounted such that each automated carrier moves in the first direction when the wheel assemblies are in a first position, and (See Claim 1)
each automated mobile carriers moves in the second direction that is orthogonal to the first direction when the wheel assemblies are in a second pivoted position. (See Claim 1)
36. The storage, retrieval and processing system of claim 32, wherein the plurality of source bins is provided as a plurality of drawers. (See Claim 2)
37. The storage, retrieval and processing system of claim 32, wherein the automated mobile carriers move along disconnected track sections. (See Claim 1)
38. The storage, retrieval and processing system of claim 32, wherein the container support area of each automated mobile carrier includes features that facilitate engagement with a shelf such that a container thereon may be exchanged with the shelf. (See Claim 14)
39. A storage, retrieval and processing system for processing objects, said storage, retrieval and processing system comprising: (See Claim 1)
a storage area including a plurality of source bins for containing a plurality of objects to be processed; (See Claim 1)
a programmable motion device at the storage area proximate the plurality of source bins, (See Claim 1)
he programmable motion device for grasping and moving any of the plurality of objects from the plurality of source bins to a plurality of containers; and (See Claim 1)
a plurality of automated mobile carriers, (See Claim 1)
each automated mobile carrier including a container support area for supporting thereon a container of the plurality of containers, (See Claim 1 and Claim 8)
each automated mobile carrier further including a plurality of wheel assemblies below the support area for providing movement of the automated mobile carrier in a first direction as well as a second direction that is orthogonal with respect to the first direction, (See Claim 13)
the automated mobile carrier providing that an orientation of the support area does not change when the wheel assemblies change from moving the automated mobile carrier in the first direction to moving the automated mobile carrier in the second direction. (See Claim 1)
40. The storage, retrieval and processing system of claim 39, wherein the storage area includes a platform that is vertically movable to raise and lower both the programmable motion device and at least one of the plurality of automated mobile carriers. (See Claim 6)
41. The storage, retrieval and processing system of claim 40, wherein the source bins are provided as a multi-level tower that includes an opening through which the plurality of automated mobile carriers access the platform when the platform is at a lowest level of the multi-level tower. (See Claim 1 and Claim 8)
42. The storage, retrieval and processing system of claim 39, wherein each of the automated mobile carriers includes at least two wheel assemblies that are pivotally mounted such that each automated carrier moves in the first direction when the wheel assemblies are in a first position, and (See Claim 13)
each automated mobile carriers moves in the second direction that is orthogonal to the first direction when the wheel assemblies are in a second pivoted position. (See Claim 13)
43. The storage, retrieval and processing system of claim 39, wherein the plurality of source bins is provided as a plurality of drawers. (See Claim 7)
44. The storage, retrieval and processing system of claim 39, wherein the automated mobile carriers move along disconnected track sections. (See Claim 11)
45. The storage, retrieval and processing system of claim 39, wherein the container support area of each automated mobile carriers includes features that facilitate engagement with a shelf such that a container thereon may be exchanged with the shelf. (See Claim 14)
46. A storage, retrieval and processing system for processing objects, said storage, retrieval and processing system comprising: (See Claim 6)
a plurality of source bins for containing a plurality of objects to be processed; (See Claim 6)
a programmable motion device proximate the plurality of source bins, (See Claim 6)
the programmable motion device including an end-effector for grasping and moving any of the plurality of objects from the plurality of source bins to a plurality of containers; and (See Claim 6)
a plurality of automated mobile carriers, (See Claim 13)
each automated mobile carrier including a container support area for supporting thereon a container of the plurality of containers, (See Claim 13)
each automated mobile carrier further including a plurality of wheel assemblies below the support area for providing movement of the automated mobile carrier in a first direction as well as a second direction that is orthogonal with respect to the first direction, (See Claim 13)
the automated mobile carrier providing that an orientation of the support area does not change when the wheel assemblies change from moving the automated mobile carrier in the first direction to moving the automated mobile carrier in the second direction. (See Claim 13)
47. The storage, retrieval and processing system of claim 46, wherein the storage, retrieval and processing system further includes a platform that is vertically movable to raise and lower both the programmable motion device and at least one of the plurality of automated mobile carriers. (See Claim 6)
48. The storage, retrieval and processing system of claim 47, wherein the vertically arranged source bins are provided as a multi-level tower that includes an opening through which the plurality of automated mobile carriers access the platform when the platform is at a lowest level of the multi-level tower. (See Claim 1 and Claim 8)
49. The storage, retrieval and processing system of claim 46, wherein each of the automated mobile carriers includes at least two wheel assemblies that are pivotally mounted such that each automated carrier moves in the first direction when the wheel assemblies are in a first position, and (See Claim 13)
each automated mobile carriers moves in the second direction that is orthogonal to the first direction when the wheel assemblies are in a second pivoted position. (See Claim 13)
50. The storage, retrieval and processing system of claim 46, wherein the plurality of source bins is provided as a plurality of drawers. (See Claim 15)
51. The storage, retrieval and processing system of claim 46, wherein the automated mobile carriers move along disconnected track sections. (See Claim 18)
52. The storage, retrieval and processing system of claim 46, wherein the container support area of each automated mobile carriers includes features that facilitate engagement with a shelf such that a container thereon may be exchanged with the shelf. (See Claim 14)
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS RANDAZZO whose telephone number is (313)446-4903. The examiner can normally be reached between 9:00am and 4:00pm ET Monday through Thursday and 9:00am and 11:00am ET on Friday.
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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/THOMAS RANDAZZO/Primary Examiner, Art Unit 3655 August 17, 2026
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