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 in the Applicant’s First Preliminary Amendment, filed on 10/29/24, and the Amendments to the Claims in the Applicant’s Second Preliminary Amendment, filed on 02/06/25, have been entered.
According to the Second Preliminary Amendment, claims 1-32 were pending but have been canceled. New claims 33-52 have been added and are now pending.
Claim Interpretations
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under §112(f), because the claim limitation(s) use 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) are: a programmable motion device in claims 33, 40, and 47 and a perception unit in claims 33, 40, and 47.
Because these claim limitation(s) are being interpreted under §112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Accordingly, the “programmable motion device” is interpreted as a pick-and-place transfer robot. See ¶ [0068] (providing an articulated robotic arm having an end effector for transferring objects from a first location to a second location as the corresponding structure for the claimed programmable motion device). The “perception unit” is interpreted as an 3D depth-sensing camera. See ¶ [0052] (providing a camera and a depth sensor configured to detect depth information on the different object within the image captured by the camera as the corresponding structure for the claimed perception unit).
If the Applicant does not intend to have these limitation(s) interpreted under §112(f), the Applicant may: (1) amend the claim limitation(s) to avoid them being interpreted under §112(f) (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 them being subject to means-plus-function treatment.
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.
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Claims 33-37, 40-44, 47, 48, 51, and 52 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 7, 21, 22, and 26 of U.S. Patent No. 12,180,005. 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 to the corresponding claims of US Patent No. 12,180,005 is as follows:
Instant Application
Reference
33. A processing system for processing objects using a programmable motion device, the processing system comprising: [1] a supply conveyor upon which supply bins containing objects are conveyed; [2] an input area comprising an input area conveyor in communication with the supply conveyor, at which a selected supply bin is diverted; [3] a processing station proximate the input area, the processing station including [i] the programmable motion device, the processing station including [ii] a perception unit, the programmable motion device and the perception unit operating cooperatively to grasp and identify a selected object of the selected supply bin; [4] a first temporary storage conveyor comprising a plurality of first intermediate storage containers proximate to the processing station; [5] a second temporary storage conveyor comprising a second intermediate storage container proximate the first temporary storage conveyor; and [6] a plurality of destination containers in communication with the second intermediate storage container; [7] wherein the selected object is placed in one of the plurality of first intermediate storage containers before a selected destination container of the plurality of destination containers is assigned to the selected object.
21. An object processing system comprising: [3][ii] a perception system for perceiving identifying indicia representative of an identity of an object of a plurality of objects at [2] an input area; [3][i] a programmable motion device including an end-effector for acquiring the object from the plurality of objects at the input area, wherein the programmable motion device is adapted for assisting in the delivery of the object to an identified processing location, [7] said identified processing location being associated with the identifying indicia and said identified processing location being provided as [6] one of a plurality of processing locations; [4] a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop; and [5] a carriage for receiving the object from the carrier, the carriage being adapted to travel reciprocally in a first direction and in a second direction that is opposite the first direction adjacent the plurality of processing locations
….
22. The object processing system of claim 21, wherein [2] the input area is provided on an input conveyor that is coupled to [1] a primary input conveyor.
34. The processing system as claimed in claim 33, wherein the first temporary storage conveyor is a circular conveyor.
21. An object processing system comprising … a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop.
35. The processing system as claimed in claim 34, wherein the first temporary storage conveyor is a tilt tray track and each of the plurality of first intermediate storage containers are tilt tray carriages.
26. The object processing system of claim 21, wherein the carrier is actuatable to tip to drop the object from the carrier into the carriage.
36. The processing system as claimed in claim 35, wherein the second temporary storage conveyor is a reciprocating shuttle carrier.
21. An object processing system comprising … a carriage for receiving the object from the carrier, the carriage being adapted to travel reciprocally in a first direction and in a second direction that is opposite the first direction adjacent the plurality of processing locations.
37. The processing system as claimed in claim 33, wherein the first temporary storage conveyor is continuously moving.
21. An object processing system comprising … a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop.
40. A processing system for processing objects using a programmable motion device, the processing system comprising: [1] a supply conveyor upon which supply bins containing objects are conveyed; [2] an input area comprising an input area conveyor in communication with the supply conveyor, at which a selected supply bin is diverted; [3] a processing station proximate the input area, the processing station including [i] the programmable motion device, the processing station including [ii] a perception unit, the programmable motion device and the perception unit operating cooperatively to grasp and identify a selected object of the selected supply bin; [4] a temporary storage conveyor comprising a plurality of intermediate storage containers proximate to the processing station; and [5] a plurality of destination containers in communication with the intermediate storage container; [6] wherein the selected object is placed in one of the plurality of intermediate storage containers before a selected destination container of the plurality of destination containers is assigned to the selected object.
21. An object processing system comprising: [3][ii] a perception system for perceiving identifying indicia representative of an identity of an object of a plurality of objects at [2] an input area; [3][i] a programmable motion device including an end-effector for acquiring the object from the plurality of objects at the input area, wherein the programmable motion device is adapted for assisting in the delivery of the object to an identified processing location, [6] said identified processing location being associated with the identifying indicia and [5] said identified processing location being provided as one of a plurality of processing locations; [and 4] a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop
….
22. The object processing system of claim 21, wherein [2] the input area is provided on an input conveyor that is coupled to [1] a primary input conveyor.
41. The processing system as claimed in claim 40, wherein the temporary storage conveyor is a circular conveyor.
21. An object processing system comprising … a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop
42. The processing system as claimed in claim 41, wherein the temporary storage conveyor is a tilt tray track and each of the intermediate storage containers are tilt tray carriages.
26. The object processing system of claim 21, wherein the carrier is actuatable to tip to drop the object from the carrier into the carriage.
43. The processing system as claimed in claim 42, further comprising a reciprocating shuttle carrier transfer conveyor proximate the temporary storage conveyor to direct the selected object to the selected destination container.
21. An object processing system comprising … a carriage for receiving the object from the carrier, the carriage being adapted to travel reciprocally in a first direction and in a second direction that is opposite the first direction adjacent the plurality of processing locations.
44. The processing system as claimed in claim 42, wherein the temporary storage conveyor is continuously moving.
21. An object processing system comprising … a carrier for receiving the object from the programmable motion device, said carrier being one of a plurality of carriers that travel in a continuous loop that includes a loop direction of the continuous loop.
47. A method of processing objects using a programmable motion device, the method comprising: [1] providing a supply container at a processing station, the supply container having at least one of the objects for processing, the processing station including the programmable motion device and a perception unit; [2] grasping the at least one object of the objects for processing and [3] using the perception unit to identify the at least one object of the objects for processing to provide a selected object; [4] placing the selected object in an intermediate container of a plurality of intermediate containers on an intermediate container conveyor moving toward a plurality of destination containers; [5] dynamically assigning an assigned destination container of the plurality of destination containers to the selected object; and [6] directing the selected object to the assigned destination container.
1. A method of processing objects using a programmable motion device, said method comprising: [3] perceiving identifying indicia representative of an identity of an object of a plurality of objects at an input area; [2] acquiring the object from the plurality of objects at the input area using an end effector of the programmable motion device, wherein the programmable motion device is adapted for assisting in the delivery of the object to an identified processing location, [5] said identified processing location being associated with the identifying indicia and said identified processing location being provided as one of a plurality of processing locations; [4] moving the object using the programmable motion device onto a carrier of a plurality of carriers that travel in a continuous loop; [6] moving the carrier with the object along a loop direction of the continuous loop; [6] dropping the object from the carrier into a carriage that travels reciprocally in a first direction and in a second direction that is opposite the first direction adjacent the plurality of processing locations; and [6] dropping the object from the carriage into the identified processing location of the plurality of processing locations.
….
3. The method of claim 1, wherein [1] the input area is provided on an input area conveyor that is coupled to a primary input conveyor.
48. The method as claimed in claim 47, wherein the intermediate container conveyor is a continuously moving circular conveyor.
1. A method of processing objects using a programmable motion device, said method comprising … moving the object using the programmable motion device onto a carrier of a plurality of carriers that travel in a continuous loop; [and] moving the carrier with the object along a loop direction of the continuous loop.
51. The method as claimed in claim 48, wherein the continuously moving circular conveyor is tilt tray track and each of the plurality of intermediate containers are tilt tray carriages.
7. The method of claim 1, wherein the carrier is actuatable to tip to drop the object from the carrier into the carriage.
52. The method as claimed in claim 51, wherein directing the selected object to the assigned destination container includes dropping the selected object onto a reciprocating carriage in either of two mutually opposing directions.
1. A method of processing objects using a programmable motion device, said method comprising … dropping the object from the carrier into a carriage that travels reciprocally in a first direction and in a second direction that is opposite the first direction adjacent the plurality of processing locations; and dropping the object from the carriage into the identified processing location of the plurality of processing locations.
Allowable Subject Matter
Claims 33-37, 40-44, 47, 48, 51, and 52 have been rejected for nonstatutory obviousness-type double patenting but would be allowable if a timely terminal disclaimer is filed to overcome the rejection and the claims were rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 38, 39, 45, 46, 49, and 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.
Relevant Prior Art
US Pat. No. 6,208,908 to Boyd et al. discloses an integrated order selection and distribution system for selecting and delivering a plurality of articles associated with a preselected customer order. The system includes discrete article receptacles, a conveyor, and a plurality of pack stations. The receptacles releasably retain articles associated with a preselected customer order. Each receptacle is transported to predetermined locations within the system by the conveyor. The pack stations are arranged along the direction of movement of the conveyor to receive the articles to be discharged from the receptacles. A system controller tracks the location of the receptacles in the system and generates a signal that causes each receptacle to discharge its articles at a predetermined location, relative to the pack stations.
US Pub. No. 2017/0349385 to Moroni et al. discloses a device for feeding items to a sorting machine, including: a conveyor plane for feeding items or parcels along an advancement direction; an optical detection device, to allow the acquisition, while the items are in motion on the conveyor plane of the three-dimensional coordinates of a determined number of points on the surface of the items and to organize them into coordinate vectors; a manipulator provided to pick the items from the conveyor plane and to place the items picked in a desired position; a control system, provided to process, for each item in motion on the conveyor plane, the coordinate vectors in order to obtain a three-dimensional representation of the item, including the information based on which the control system handles the manipulator for picking and placing the items.
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 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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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
