Prosecution Insights
Last updated: October 25, 2026
Application No. 18/938,943

GRIPPER FOR A PICKING DEVICE AND METHOD FOR OPERATING THE PICKING DEVICE

Non-Final OA §103
Filed
Nov 06, 2024
Priority
Jan 27, 2020 — continuation of 11/319,150 +2 more
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Becton Dickinson Rowa Germany GmbH
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
985 granted / 1135 resolved
+34.8% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
28 currently pending
Career history
1166
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
31.4%
-8.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1135 resolved cases

Office Action

§103
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 . 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) 1, 7-8, 12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dooley et al (US PG. Pub. 202/0339350). Relative to claims 1, 7-8, and 12, Dooley discloses: A gripper (see upper platform of mobile robot 100) for drug packages (Para. 0044), the gripper comprising: a tray (101, 201)(Fig. 1A-1B); a transport device (arms 220, 221)(Fig. 2A) arranged above the tray (201), the transport device (220, 221) configured to move packages from a storage surface (pallet, 300) onto the tray (101, 201); and a sensor assembly having an arcuate side surface (see front edge of upper deck Ref. 103, 203)(Fig. 2A) and at least one sensor (109)(Fig. 1A) arranged below the surface of the sensor assembly (Para. 0060; 0078); and a control device arranged on the attachment arm (220, 221), the control device coupled to the at least one sensor (sensors are used to detect alignment of the decks with the pallet to control the arms to retrieve the item, the arms are controlled by a motor or drive based on the sensed input, Para. 0114; 0138). Dooley does not expressly disclose: the sensor assembly comprises a plurality of sensors for determining the presence of a drug package, the plurality of sensors are arranged spaced apart from each other and positioned below a support surface of the tray; or the sensors are arranged mirror-symmetrically with respect to a central axis of the tray. Dooley teaches: the sensor assembly comprises a plurality of sensors for determining the presence of an article, the plurality of sensors are arranged spaced apart from each other and positioned below a support surface of the tray; and the sensors are arranged mirror-symmetrically with respect to a central axis of the tray as an obvious matter of design choice. Dooley discloses that the mobile robot 100 may include multiple sensors to detect the presence and/or identification of a pallet, and to determine the position of the pallet relative to the robot. Dooley does not limit the robot to one sensor 109, and explains that additional sensors may assist in determining the upper deck 203 and/or other support surface of the mobile robot 100 is docked correctly with the pallet 300 (Para. 0186). Moreover, modifying the system of Dooley with a plurality of sensors spaced apart from each other since is a duplication of parts and would produce no unexpected result. (Para. 0162; 0165; 0171). See MPEP §2144.04 (VI) The plurality of sensors may be arranged mirror-symmetrically with respect to a central axis and below the support surface of the tray, as an obvious rearrangement of parts (Para. 0187). The additional sensors being placed mirror-symmetrically below the support surface of the upper deck may improve the accuracy of alignment with the pallet or tray to assist in retrieving the objects (Para. 0173). MPEP §2144.04 (VI). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Dooley with a plurality of sensors spaced apart from each other so below the surface of the deck, and arranged mirror-symmetrically with respect to a central axis for determining the presence of an object, as a matter of design choice, since providing a plurality of sensors spaced below the deck to provide greater accuracy in aligning the deck of the mobile robot with the pallet to assist in retrieving items. Moreover, providing a plurality of sensors on the deck and arranged mirror-symmetrically to a central axis is a duplication and rearrangement of parts. Relative to claim 1, the disclosure of Dooley, modified as above, does not disclose the gripper, including the transport device is for moving drug packages. In Dooley, the mobile robot 100 and its transfer elements (arms 220, 221) are disclosed as handling generic objects on a pallet. However, Dooley explains that the mobile robot may be used to store and carry medicines, i.e., drug packages in a facility (Para. 0037). Modifying Dooley’s mobile robot system so that the transport device is configured to move drug packages to and from a storage space, as opposed to unspecified objects, is a straightforward design choice that does not require any change in Dooley’s structure or operation. It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the claimed invention to modify the system of Dooley to move drug packages as an obvious matter of design choice since moving drug packages does not require any change in structure or operation. Relative to claim 14-15, the disclosure of Dooley includes: A system for packages (Para. 0044), the system comprising: a storage location (pallet, 300)(Fig. 3A) configured to store one or more packages (Para. 0143); and a gripper (included with mobile robot, Fig. 2A) comprising: a tray (201)(Fig. 2A); a transport device (220, 221) arranged above the tray (201), the transport device configured to move objects from a storage surface (surface of pallet) onto the tray (201); and a sensor assembly (103, 203) having an arcuate side surface and at least one sensor (109) configured to determine the presence of a drug package (Para. 0060; 0078); Dooley does not expressly disclose: the sensor assembly comprises a plurality of sensors arranged spaced apart from each other and positioned below a support surface of the tray. Dooley teaches: the sensor assembly comprising a plurality of sensors for determining the presence of an article, the plurality of sensors being arranged spaced apart from each other and positioned below a support surface of the tray as an obvious matter of design choice. Dooley can be provided with a plurality of sensors spaced apart from each other since this is a duplication of parts and would produce no unexpected result. Also, Dooley discloses that the mobile robot 100 may include multiple sensors to detect the presence of a pallet, identify the pallet, or determine the position of the pallet relative to the robot (Para. 0162; 0165; 0171). See MPEP §2144.04 (VI) It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Dooley with a plurality of sensors spaced apart from each other so below the surface of the deck, as a matter of design choice, since providing a plurality of sensors spaced below the deck provides greater accuracy in aligning the deck of the mobile robot with the pallet to assist in retrieving items. Moreover, providing a plurality of sensors on the deck is a duplication of parts. Relative to claims 14-15, the disclosure of Dooley, modified as above, does not disclose the system, including the transport device is for moving drug packages. The mobile robot 100 and its transfer elements (arms 220, 221) are disclosed as handling generic objects on a pallet. Dooley explains that the mobile robot may be used to store and carry medicines, i.e., drug packages (Para. 0037). Modifying Dooley’s mobile robot system so that the transport device is configured to move drug packages, as opposed to unspecified objects, is a straightforward design choice that does not require any change in Dooley’s structure or operation. It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the claimed invention to modify the system of Dooley to move drug packages as an obvious matter of design choice since moving drug packages does not require any change in structure or operation. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dooley. Relative to claim 16, Dooley discloses: A method of verifying a movement of a package onto a tray (201) of a gripper (200), the method comprising: gripping, by a transport device (220, 221), a package (object on a tray 350) at a storage location (Para. 0075; 0106); moving the transport device (220, 221) to the tray (201)(Para. 0106, Para. 0104)(Fig. 3G-3N); and checking, by a sensor assembly (see Ref. 103, 203) having an arcuate side surface and at least one sensor (109), if the package is present in a detection area of the at least one sensor (Para. 0171). Dooley does not expressly disclose: providing a signal indicating a first erroneous removal attempt if the check is positive. Dooley teaches: providing a signal indicating a first erroneous removal attempt if the check is positive, as a matter of design choice. Dooley discloses sensors to detect whether the retrievable object is no longer on the pallet after a removal attempt (Para. 0189). If the object is still detected on the pallet, the mobile robot restarts the alignment and retrieval process (Para. 0189). Therefore, Dooley determines using the sensors, whether the item was successfully removed from the pallet and onto the deck (201) of the mobile robot (100)(Para. 0201). Dooley also discloses providing visual (lighting elements) and/or auditory indicators to indicate information and/or states of the robot during operation (Para. 0233). If a problem occurs, the robot may immediately stop and send a message for assistance to an individual or monitoring service (Para. 0234). A person of ordinary skill in the art would have known to implement the visual and/or auditory signals to indicate an error during a removal attempt by the mobile robot using the sensed information. It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the claimed invention to modify the method of Dooley to provide a signal indicating a first erroneous removal attempt if the check is positive, as a matter of design choice, to alert an individual for assistance in the event of a problem during the retrieval process. Relative to claim 16, the disclosure of Dooley, modified as above, does not disclose the transport device is for gripping drug packages, or the checking is for the presence of a drug package. The mobile robot 100 and its transfer elements (arms 220, 221) are disclosed as handling generic objects on a pallet. Dooley explains that the mobile robot may be used to store and carry medicines, i.e., drug packages (Para. 0037). Modifying Dooley’s mobile robot system so that the transport device is configured to move drug packages, as opposed to unspecified objects, is a straightforward design choice that does not require any change in Dooley’s structure or operation. It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the claimed invention to modify the system of Dooley to move drug packages as an obvious matter of design choice since moving drug packages does not require any change in structure or operation. Allowable Subject Matter Relative to claim(s) 2-6, 9-11, 13, and 17-20 the closest available prior art does not disclose: claim 2) the transport device comprises two elongated clamping jaws with clamping surfaces facing each other; claim 3) at least one of the two elongated clamping jaws is movable at least in sections towards and away from the other one of the two elongated clamping jaws. claim 4) a jaw guide assembly comprising: a frame structure, a plurality of guides extending in parallel in a first direction and spaced from each other in a second direction, and a plurality of jaw carriages coupled to the guides and driven in the second direction, at least one of the plurality of jaw carriages are arranged on each of the plurality of guides; and a drive unit coupled to the jaw guide assembly, the drive unit configured to drive the jaw guide assembly in the first direction; claim 5) the plurality of guides comprises a first guide and a second guide, and wherein the plurality of jaw carriages comprises at least four jaw carriages, two first jaw carriages are coupled to the first guide and two second jaw carriages are coupled to the second guide; claim 6) at least two of the plurality of jaw carriages are spaced apart in the first direction and are coupled to one of the two clamping jaws; claim 9) the sensor assembly is configured to be detachable from the tray; claim 10) the center of a corresponding circle is located in a vertical rotary axis of the tray; claim 11) an attachment arm coupled to the tray via a swivel joint; claim 13) a sliding element comprising a sliding head movably disposed in an elongated opening of the tray; claim 17) opening two elongated clamping jaws above the tray and having mutually facing clamping surfaces; moving the clamping jaws to the storage location in response to a positive check; gripping, by the clamping jaws, the drug package; moving the transport device from the storage location to the tray; checking if the drug package is present in the detection area of the at least one sensor; and providing a signal indicating a second erroneous removal attempt if the check is positive; claim 18) determining, by the sensor assembly, a width of the drug package when moving the drug package towards the tray; comparing, by a control device, the determined width with a desired width; and providing a corresponding signal when a limit deviation between the determined width and the desired width of the drug package is exceeded; claim 19) moving the gripper towards an unloading station after providing the corresponding signal; and transferring the drug package to the unloading station; or claim 20) a jaw guide assembly of the gripper is coupled to a drive unit, the jaw guide assembly including a frame structure, first and second guides extending in parallel in a first direction and spaced apart from each other in a second direction, wherein two first jaw carriages are coupled to the first guide and two second jaw carriages are coupled to the second guide, the method further comprising: driving, by the drive unit, the jaw guide assembly in the first direction, as claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6. 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, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
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Prosecution Timeline

Nov 06, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.7%)
2y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1135 resolved cases by this examiner. Grant probability derived from career allowance rate.

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