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 .
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.
Background
The Amendments to the Specification, the Amendments to the Drawings, and the Amendments to the Claims in the Applicant’s First Preliminary Amendment, filed on 10/07/24, and the Amendments to the Specification in the Applicant’s Second Preliminary Amendment, filed on 06/30/25, have been entered.
According to the Amendments, claims 1-27 were pending but have been canceled. Claims 28-52 have been added and are now pending.
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 28-30, 34-36, 38, 42-46, 51, and 52 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 9-12, and 17-20 of U.S. Patent No. 11,814,245. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claimed invention is fully disclosed by the subject matter in the reference as shown in the table below.
The mapping of claims 28-30, 34-36, 38, 42-46, 51, and 52 of the present application to claims 1-4, 9-12, and 17-20 of US Pat. No. 11,814,245 is as follows:
Instant Application
Reference
28. An object processing system comprising: a plurality of processing bins, one or more of the plurality of processing bins containing objects to be processed; a plurality of automated mobile carts, each automated mobile cart including a transport area that is adapted to receive and transport any of the plurality of processing bins on a plurality of stands on which any of the plurality of processing bins may be supported, and at least two wheels that provide movement of each automated mobile cart in a first direction and in a second direction that is orthogonal to the first direction, each automated mobile cart providing that an orientation of its respective transport area may remain unchanged when the automated mobile cart changes direction between the first direction and the second direction; a plurality of shelves within the automated mobile cart transport area, each of the plurality of shelves including a plurality of prongs onto which any of the plurality of processing bins is placed or removed by the plurality of automated mobile carts, each of the plurality of automated mobile carts being adapted to place any of the plurality of processing bins onto a placement designated shelf of the plurality of shelves; a bin processing area within the automated mobile cart transport area at which a selected processing bin of the plurality of processing bins is provided on a selected automated mobile cart of the plurality of automated mobile carts; and a programmable motion device proximate the bin processing area, said programmable motion device including an end-effector for grasping a selected object from the selected processing bin at the bin processing area and for moving the selected object to a processing location.
1. An object processing system comprising: a plurality of processing bins, at least some of which contain objects to be processed; a plurality of automated mobile carts, each of which is adapted to receive and transport any of the plurality of processing bins within an automated mobile cart transport area; a plurality of shelves within the automated mobile cart transport area and onto which any of the plurality of processing bins may be placed or removed by the plurality of automated mobile carts, each of the plurality of automated mobile carts being adapted to place any of the plurality of processing bins onto a placement designated shelf of the plurality of shelves, and being adapted to retrieve any of the plurality of processing bins from a retrieval designated shelf of the plurality of shelves; a first bin processing area within the automated mobile cart transport area at which a first automated mobile cart of the plurality of automated mobile carts may be provided that includes a first processing bin thereon; a second bin processing area within the automated mobile cart transport area at which a second automated mobile cart of the plurality of automated mobile carts may be provided that includes a second processing bin thereon; and a programmable mobile device proximate the first bin processing area and the second bin processing area, said programmable mobile device including an end-effector for grasping a selected object from the first processing bin and for moving the selected object to the second processing bin.
29. The object processing system of claim 28, wherein the processing location is a destination processing bin of the plurality of processing bins.
1. An object processing system comprising … a first bin processing area within the automated mobile cart transport area at which a first automated mobile cart of the plurality of automated mobile carts may be provided that includes a first processing bin thereon [and] a second bin processing area within the automated mobile cart transport area at which a second automated mobile cart of the plurality of automated mobile carts may be provided that includes a second processing bin thereon … said programmable mobile device including an end-effector for grasping a selected object from the first processing bin and for moving the selected object to the second processing bin.
30. The object processing system of claim 28, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
2. The object processing system as claimed in claim 1, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
34. The object processing system of claim 28, wherein the plurality of shelves are provided on a plurality of vertical levels.
3. The object processing system as claimed in claim 1, wherein the plurality of shelves are provided on a plurality of vertical levels.
35. The object processing system of claim 34, wherein the object processing system includes at least one ramp connecting the plurality of vertical levels and wherein the plurality of automated mobile carts are movable along the at least one ramp to access each of the plurality of vertical levels.
4. The object processing system as claimed in claim 3, wherein the object processing system includes at least one ramp connecting the plurality of vertical levels and wherein the plurality of automated mobile carts are movable along the at least one ramp to access each of the plurality of vertical levels.
36. An object processing system comprising: a plurality of processing bins, one or more of the plurality of processing bins containing objects to be processed; a plurality of automated mobile carts, each automated mobile cart including a transport area that is adapted to receive and transport any of the plurality of processing bins on a plurality of stands on which any of the plurality of processing bins may be supported, and at least two wheels that provide movement of each automated mobile cart in a first direction and in a second direction that is orthogonal to the first direction, each automated mobile cart providing that an engagement orientation of its respective transport area may remain unchanged when the automated mobile cart changes direction between the first direction and the second direction; a plurality of shelves within the automated mobile cart transport area, each of the plurality of shelves including a plurality of prongs onto which any of the plurality of processing bins is placed or removed by the plurality of automated mobile carts, each of the plurality of automated mobile carts being adapted to place any of the plurality of processing bins onto a placement designated shelf of the plurality of shelves when the transport area of each automated mobile cart is in the engagement orientation; and a bin processing area within the automated mobile cart transport area at which a selected processing bin of the plurality of processing bins is provided on a selected automated mobile cart of the plurality of automated mobile carts.
9. An object processing system comprising: a plurality of processing bins, at least some of which contain objects to be processed; a plurality of automated mobile carts, each of which is adapted to receive and transport any of the plurality of processing bins; a plurality of shelves within the automated mobile cart area and onto which any of the plurality of processing bins may be placed or removed by the plurality of automated mobile carts, each of the plurality of automated mobile carts being adapted to place any of the plurality of processing bins onto a placement designated shelf of the plurality of shelves, and being adapted to retrieve any of the plurality of processing bins from a retrieval designated shelf of the plurality of shelves; a first bin processing area at which a first automated mobile cart of the plurality of automated mobile carts may be provided that includes a first processing bin thereon; a second bin processing area at which a second automated mobile cart of the plurality of automated mobile carts may be provided that includes a second processing bin thereon wherein the plurality of automated mobile carts are directable to move any of the plurality of processing bins among the plurality of shelves, the first bin processing area and the second bin processing area; and a programmable mobile device proximate the first bin processing area and the second bin processing area, said programmable mobile device including an end-effector for grasping a selected object from the first processing bin at the first bin processing area and for moving the selected object to the second processing bin at the second bin processing area.
38. The object processing system of claim 36, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
10. The object processing system as claimed in claim 9, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
42. The object processing system of claim 36, wherein the plurality of shelves are provided on a plurality of vertical levels.
11. The object processing system as claimed in claim 9, wherein the plurality of shelves are provided on a plurality of vertical levels.
43. The object processing system of claim 42, wherein the object processing system includes at least one ramp connecting the plurality of vertical levels and wherein the plurality of automated mobile carts are movable along the at least one ramp to access each of the plurality of vertical levels.
12. The object processing system as claimed in claim 11, wherein the object processing system includes at least one ramp connecting the plurality of vertical levels and wherein the plurality of automated mobile carts are movable along the at least one ramp to access each of the plurality of vertical levels.
44. A method of processing objects, said method comprising: providing a plurality of processing bins, one or more of the plurality of processing bins containing objects to be processed; moving a plurality of automated mobile carts within an automated mobile cart transport area, each of the plurality of automated mobile carts including a plurality of stands on which any of the plurality of processing bins is supported, and each of the automated mobile carts being adapted to receive and transport any of the plurality of processing bins, and at least two wheels that provide movement of each automated mobile cart in a first direction and in a second direction that is orthogonal to the first direction, each automated mobile cart providing that an engagement orientation of its respective transport area may remain unchanged when the automated mobile cart changes direction between the first direction and the second direction; providing a plurality of shelves within the automated mobile cart transport area, each of the plurality of shelves including a plurality of prongs onto which any of the plurality of processing bins is placed or removed by the plurality of automated mobile carts when the transport area of each automated mobile cart is in the engagement orientation; moving a selected processing bin to a bin processing area that is proximate a programmable motion device; and using an end-effector of the programmable motion device to grasp an object in the selected processing bin and to move the object to a processing location.
17. A method of processing objects, said method comprising: providing a plurality of processing bins, at least some of which contain objects to be processed; providing a plurality of automated mobile carts, each of which is adapted to receive and transport any of the plurality of processing bins; providing a plurality of shelves onto which any of the plurality of processing bins may be placed or removed by the plurality of automated mobile carts; moving a source processing bin of the plurality of processing bins to a first bin processing area, moving a receiving processing bin of the plurality of processing bins to a second bin processing area; providing a programmable mobile device proximate the first bin processing area and the second bin processing area, said programmable motion device including an end-effector; grasping with the end-effector a selected object from the source processing bin at the first bin processing area; moving the selected object to the receiving processing bin at the second bin processing area; and moving the receiving processing bin from the second bin processing area to a holding shelf of the plurality of shelves.
45. The method of claim 44, wherein the processing location is a destination processing bin of the plurality of processing bins.
17. A method of processing objects, said method comprising … moving a source processing bin of the plurality of processing bins to a first bin processing area; moving a receiving processing bin of the plurality of processing bins to a second bin processing area … grasping with the end-effector a selected object from the source processing bin at the first bin processing area [and] moving the selected object to the receiving processing bin at the second bin processing area.
46. The method of claim 44, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
18. The method as claimed in claim 17, wherein the plurality of processing bins includes storage bins and destination bins, and wherein the storage bins are totes and the destination bins are boxes for shipping and transport.
51. The method of claim 44, wherein the plurality of shelves are provided on a plurality of vertical levels.
19. The method as claimed in claim 17, wherein the method further includes providing the plurality of shelves on a plurality of vertical levels.
52. The method of claim 44, wherein the method includes moving the plurality of automated mobile carts among the plurality of vertical levels using at least one ramp connecting the plurality of vertical levels.
20. The method as claimed in claim 19, wherein the method further includes providing at least one ramp connecting the plurality of vertical levels and moving the plurality of automated mobile carts along the at least one ramp to access each of the plurality of vertical levels.
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.
Claim 37 is rejected under § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, the claim recites the limitation "the processing location". There is insufficient antecedent basis for this limitation in the claim. Correction is required.
Allowable Subject Matter
Claims 28-30, 34-36, 38, 42-46, 51, and 52 would be allowable if a timely terminal disclaimer is filed to overcome the NSDP rejection(s) under § 101 set forth in this Office action.
Claim 37 would be allowable if rewritten to overcome the rejection(s) under § 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 31-33, 39-41, and 47-50 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 inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is (571) 270-7769. The examiner can normally be reached M-F, 9-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACOB SCOTT can be reached at (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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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
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