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 claim amendments in the Applicant’s Preliminary Amendment, filed on 01/13/25, have been entered.
According to the Amendment, claims 1-43 were pending but have been canceled. Claims 44-67 have been added and are 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 44 and 46-57 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 10,733,660. 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 the claims at issue in the present application to the corresponding claims of US Patent No. 10,733,660 is as follows:
Instant Application
Reference
44 (new). A system, comprising: a processor communicatively coupled to a non-transitory memory containing a computer code executable by said processor to: generate a product list associated with a customer identifier; identify conveyor products in said product list; associate a pallet identifier with each of said conveyor products; operate a product recognition device to identify said conveyor products; and operate a product sorter to sort said conveyor products identified by said product recognition device into one of a plurality of conveyor lanes based upon said pallet identifier associated with said conveyor products.
1. A method in a palletizing system which includes a processor in communication with a non-transitory memory element containing a computer code, said method comprising: generating a product list containing a plurality of products; associating a pallet identifier with each of said plurality of products; identifying conveyor products in said product list; identifying non-conveyor products in said product list; operating a product recognition device to identify said conveyor products based upon comparison of a product image to plurality of product image templates in a product image database; and operating a product sorter to sort said conveyor products identified by said product recognition device into one of a plurality of conveyor lanes based upon said pallet identifier associated with said conveyor products.
46 (new). The system of claim 44, wherein said computer code is executable by said processor to generate a product wave associated with a product wave identifier, said product wave including a plurality of product lists.
2. The method of claim 1, further comprising generating a product wave each associated with a product wave identifier, said product wave including a plurality of product lists.
47 (new). The system of claim 46, wherein said computer code is executable by said processor to prioritize order in said plurality of product lists in said product wave.
3. The method of claim 2, further comprising to prioritizing order in said plurality of product lists in said product wave.
48(new). The system of claim 47, wherein said computer code is executable by said processor to: generate a plurality of product waves; and prioritize order in said plurality of product waves.
4. The method of claim 3, further comprising: generating a plurality of product waves; and prioritizing order in said plurality of product waves.
49 (new). The system of claim 44, wherein said computer code is executable by said processor to: display on a computer device said product list; indicate on said computer device said conveyor products; and indicate on said computer device each said non-conveyor products.
5. The method of claim 1, further comprising: displaying on a computer device said product list; indicating on said computer device said conveyor products; and indicating on said computer device each said non-conveyor product.
50 (new). The system of claim 49 wherein said computer code is executable by said processor to indicate on said computer device to move said conveyor products onto a conveyor which conveys said conveyor products to said product recognition device.
6. The method of claim 5, further comprising indicating on said computer device to move said conveyor products onto a conveyor which conveys said conveyor products to said product recognition device.
51 (new). The system of claim 50, wherein said computer code is executable by said processor to indicate on said computer device to move said non-conveyor products to a pallet having said pallet identifier associated with said non-conveyor products.
7. The method of claim 6, further comprising indicating on said computer device to move said non-conveyor products to a pallet having said pallet identifier associated with said non-conveyor products.
52 (new). The system of claim 51, wherein said computer code is executable by said processor to indicate on said computer device to locate conveyor products at a first slip proximate said image recognition device.
8. The method of claim 6, further comprising locating conveyor products at a first slip proximate to said image recognition device.
53 (new). The system of claim 52, wherein said computer code is executable by said processor to indicate on said computer device to locate non-conveyor products at a second slip proximate said plurality of conveyor lanes
9. The method of claim 7, further comprising locating non-conveyor products at a second slip proximate said plurality of conveyor lanes.
54 (new). The system of claim 44, wherein said computer code is executable by said processor to: display on a first computer device said conveyor products in said product list; and display on a second computer devices said non-conveyor products in said product list.
10. The method of claim 1, further comprising: displaying on a first computer device said conveyor products in said product list; and displaying on a second computer devices said non-conveyor products in said product list.
55 (new). The system of claim 54, wherein said computer code is executable by said processor to indicate on said first computer device to move said conveyor products onto a conveyor which conveys said conveyor products to said product recognition device.
11. The method of claim 10, further comprising indicating on said first computer device to move said conveyor products onto a conveyor which conveys said conveyor products to said product recognition device.
56 (new). The system of claim 55, wherein said computer code is executable by said processor to indicate on said second computer device to move said non-conveyor products to a pallet having said pallet identifier associated with said non-conveyor products.
12. The method of claim 11, further comprising indicating on a second computer device to move said non-conveyor products to a pallet having said pallet identifier associated with said non-conveyor products.
57 (new). The method of claim 56, wherein said first computer device carried by a first picker, and wherein said second computer device carried by a second picker.
13. The method of claim 12, wherein said first computer device carried by a first picker, and wherein said second computer device carried by a second picker.
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)(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.
Claim(s) 44, 46-53, 58, and 60-67 are rejected under 35 U.S.C. §102(a)(2) as being anticipated by US Pub. No. 2015/0307278 to Wickham et al. (Wickham). For claims 44 and 58, Wickham discloses a system and method of using the same, the system comprising:
a processor (not shown but see ¶ [0064] describing a computer system configured to execute a set of computer-executable instructions stored on a computer readable medium) communicatively coupled to a non-transitory memory containing a computer code executable by said processor to:
generate a product list associated with a customer identifier (see Fig. 2 and ¶¶ [0050] & [0059-0060] for generating one or more customer orders in the form of a data structure comprising data files where different types of data are associated with each customer order);
identify conveyor products in said product list (see Fig. 2 depicting a data structure wherein orders are defined by Part IDs and MPNs);
associate a pallet identifier with each of said conveyor products (see ¶ [0093] for providing shipping labels on parcels, the labels comprising carrier sortation data associated with corresponding shipping pallet/pallet IDs);
operate a product recognition device to identify said conveyor products (see ¶ [0079] for providing a vision based camera scanner configured to simultaneously capture all UPC/EAN 1D, 2D, and Data Matrix codes which is then associated with their corresponding orders); and
operate a product sorter to sort said conveyor products identified by said product recognition device into one of a plurality of conveyor lanes based upon said pallet identifier associated with said conveyor products (see ¶¶ [0084] & [0088] for providing a multi-functional sort line area where arriving products barcodes are scanned, tracked down the sortation conveyor, and sorted by order to one of a plurality of pack stations).
In regards to claims 46 and 60, Wickham further discloses that said computer code is executable by said processor to generate a product wave associated with a product wave identifier, said product wave including a plurality of product lists. See Fig. 3 and ¶¶ [0062-0063] (providing a warehouse management system algorithm configured to accept a plurality of customer orders via data files and create one or more wave picking instructions).
In regards to claims 47 and 61, Wickham further discloses that said computer code is executable by said processor to prioritize order in said plurality of product lists in said product wave. See ¶¶ [0060] & [0067] (providing that the picking algorithm considers among other things prioritization of customer and order types).
In regards to claims 48 and 62, Wickham further discloses that said computer code is executable by said processor to: generate a plurality of product waves (see Fig. 3 and ¶¶ [0062-0063]); and prioritize order in said plurality of product waves (see ¶ [0060] & [0067]).
In regards to claims 49 and 63, Wickham further discloses that said computer code is executable by said processor to: display on a computer device said product list (see ¶ [0089] for providing an interactive display computer, e.g. an iPad™ such as the CASI iTouch which will light green to highlight when the order is complete and ready for pack out); indicate on said computer device said conveyor products (see ¶ [0089]); and indicate on said computer device each said non-conveyor products (see ¶ [0078] for using touchscreen devices at each sort line to instruct the packing operator, such as completion of an order or that a large-size item too big to fit on a conveyor must be added to complete the order).
In regards to claims 50 and 64, Wickham further discloses that said computer code is executable by said processor to indicate on said computer device to move said conveyor products onto a conveyor which conveys said conveyor products to said product recognition device. See ¶¶ [0075] & [0089] (conveying products to the sort area where each product is scanned at the start of the sortation conveyor to determine which sort line each product is to be diverted to, the sort area comprising a touchscreen to facilitate sorting operations).
In regards to claims 51 and 65, Wickham further discloses that said computer code is executable by said processor to indicate on said computer device to move said non-conveyor products to a pallet having said pallet identifier associated with said non-conveyor products. See ¶¶ [0075] & [0093] (conveying products to the sort area where the shipping sorter is configured to scan carrier sortation data as printed on each shipping label and direct each product to its corresponding shipping pallet/pallet ID).
In regards to claims 52 and 66, Wickham further discloses that said computer code is executable by said processor to indicate on said computer device to locate conveyor products at a first slip proximate said image recognition device. See ¶ [0078] (providing a touchscreen device at each sort line, the devices are configured to point to several pick locations by illuminating the direction or pointing to the carton or bin the item is to be picked from).
In regards to claims 53 and 67, Wickham further discloses that said computer code is executable by said processor to indicate on said computer device to locate non-conveyor products at a second slip proximate said plurality of conveyor lanes. See ¶ [0078] (providing a touchscreen device at each sort line, the devices are configured to point to several pick locations by illuminating the direction or pointing to the carton or bin the item is to be picked from).
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, 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(s) 45 and 59 are rejected under 35 U.S.C. §103 as being unpatentable over Wickham, supra, as applied to claims 44 and 58 respectively, in view of US Pub. No. 2016/0110793 to Herring et al. (Herring). For both claims, Wickham discloses all limitations of the claimed invention but for identifying products image comparison analysis.
Although Wickham does not explicitly disclose this limitation, such a feature is found in the prior art. In fact, Herring teaches an item identification system wherein said computer code is executable by said processor to compare product images of said conveyor products to plurality of product image templates in a product image database to identify said conveyor products. See ¶¶ [0026] & [0053] (providing an image analysis module configured to determine one or more sets of possible items that may match a detected but not-yet-identified item wherein the possible items sets may be determined by performing analysis on a reference image and determining attributes of items depicted in the reference image for comparison to the attributes of the detected but not-yet-identified item).
Thus, it would have been obvious at the time of filing to modify the image-based cameras of Wickham with the image analysis control feature of Herring in order to improve upon the image detection capability of the order fulfillment system in Wickham.
Allowable Subject Matter
Claims 54-57 would be allowable if a timely terminal disclaimer is filed to overcome the nonstatutory double patenting rejection under §101 set forth in this Office action and the claims were rewritten to include all of the limitations of the base claim and any intervening claims.
Relevant Prior Art
US Pub. No. 2007/0150383 to Shakes et al. discloses a system for processing receptacles containing heterogeneous inventory items in materials handling facilities. Dirty picking may be described as a mechanism for the "batch" processing of a receptacle which includes multiple heterogeneous inventory items with different identification codes in a materials handling facility as if all of the items in the receptacle have been ordered, even though one or more of the items may have not been ordered. Through the implementation of a dirty pick mechanism, instead of processing individual items in a receptacle, the entire receptacle may be "dirty picked" and all of the items within the receptacle may be processed "downstream" at a processing station, during which needed items for processing may be selected, and "overage" items may be put aside to be disposed, e.g. by being restocked.
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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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
