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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 21st, 2026 has been entered.
Response to Amendment
The amendment filed April 21st, 2026 has been entered. Claims 7 and 14 have been amended. Claims 1-15 remain pending. Applicant’s amendments to the claims overcome the objections and the 112(b) rejections previously set forth in the Final Office Action mailed October 23rd, 2025.
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.
Claims 1-3, 5-7, 10-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ahbel (DE 4338801) in view of Handy et al. (US 4832204). English translations of the specification and claims of Ahbel (DE 4338801) have been provided herein.
Regarding claim 1, Ahbel (DE 4338801) teaches a method for redistributing packages in a sorting station (Paragraph 0001 lines 1-7),
- in which the packages are delivered to the sorting station (Paragraph 0020 lines 1-8), unloaded in the sorting station (Paragraph 0020 lines 4-6) and transported successively to a scanning device (Fig. 1 #16) in at least one transport sequence (Fig. 1 sequence of ‘P’ through #16),
- in which the packages of the at least one transport sequence are scanned successively in accordance with the at least one transport sequence in order to detect respectively at least one size measurement (Paragraph 0021 lines 1-5) and respectively at least one sorting parameter (Paragraph 0013 lines 1-10, Paragraph 0023 lines 1-9),
- in which the scanned packages are sorted in the at least one transport sequence in a sorting device on the basis of the at least one sorting parameter (Paragraph 0023 lines 1-9) and divided into at least two parallel sorting sequences of packages (Fig. 1 ‘P’ divided into parallel sequences along #20),
- in which the packages of the parallel sorting sequences are successively loaded into different transport units (Fig. 1 #30) by at least one robot (Fig. 1 #14) in accordance with the sorting sequences (Paragraph 0030 lines 1-4) and are transported away from the sorting station by the transport units (Paragraph 0030 lines 7-8),
- in which a control device (Paragraph 0021 lines 4-5) determines at least two parallel, theoretical sorting sequences based on the at least one transport sequence and the at least one sorting parameter of the packages of the at least one transport sequence (Paragraph 0014 lines 1-8),
- in which the control device (Paragraph 0021 lines 4-5) determines optimized sorting sequences to be loaded successively into the transport units in a space-saving manner based on the theoretical sorting sequences, based on the at least one size measurement of the packages of the theoretical sorting sequences and based on a loading algorithm (Paragraph 0014 lines 1-8),
- in which only individual packages are removed from the transport sequence and/or from the sorting sequences (Fig. 1 sequence of ‘P’ along #20) and are reintroduced into the transport sequence and/or sorting sequences at another position in order to form the optimized sorting sequences determined by the control device (Paragraph 0028 lines 1-9), and
- in which the packages are loaded into the transport units (Fig. 1 #30) by the at least one robot (Fig. 1 #14) in accordance with the optimized sorting sequences (Paragraph 0014 lines 5-6).
Ahbel (DE 4338801) lacks teaching a method in which the packages are delivered in a bundled manner in separate transport units to the sorting station.
Handy et al. (US 4832204) teaches a method for redistributing packages in a sorting station (Col. 1 lines 4-34), in which the packages are delivered in a bundled manner in separate transport units (Col. 5 lines 42-49) to the sorting station (Fig. 5 #24).
Handy et al. (US 4832204) explains that in the induction process, the packages are transferred from a truck in which they are received at the sorting station (Col. 5 lines 42-45). Handy et al. (US 4832204) explains that packages are collected at an origin terminal, where label information and other information regarding the package is determined, and the packages are then forwarded by truck to the sorting station where the information collected at the origin terminal along with further information collected at the sorting station is used to direct the packages in the sorting station (Col. 4 lines 19-39).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include wherein the packages are delivered in a bundled manner in separate transport units to the sorting station as taught by Handy et al. (US 4832204) in order to provide information regarding the incoming packages collected from an origin.
Regarding claim 2, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the packages are scanned in at least one preliminary transport sequence (Fig. 1 preliminary sequence of ‘P’ through #16, Paragraph 0021 lines 1-5),
- in which only individual packages are removed from the transport sequence and reintroduced to form the optimized transport sequence determined by the control device (Paragraph 0024 lines 1-18), and
- in which the packages of the optimized transport sequence are sorted in a sorting device into at least two optimized sorting sequences based on the at least one sorting parameter (Fig. 1 ‘P’ divided into parallel optimized sequences along #20, Paragraph 0024 lines 7-18).
Regarding claim 3, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the packages of the transport sequence in at least one preliminary transport sequence (Fig. 1 preliminary sequence of ‘P’ through #16, Paragraph 0021 lines 1-5) are sorted in a sorting device into at least two preliminary sorting sequences based on the at least one sorting parameter (Paragraph 0024 lines 1-9, “pre-sorted to the various buffers”), and
- in which only individual packages are removed from the preliminary sorting sequences and reintroduced into the sorting sequences at a different position to form the optimized sorting sequences determined by the control device (Paragraph 0024 lines 11-18).
Regarding claim 5, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the at least one size parameter of the packages is scanned by means of a six-sided scanner, a line scanner, and/or a volume scanner (Paragraph 0012 lines 4-5, Paragraph 0013 lines 1-4).
Regarding claim 6, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which at least two size parameters of each package are scanned (Paragraph 0012 lines 4-5), and/or
- in which the height, the length and the width of each package are scanned (Paragraph 0012 lines 4-5).
Regarding claim 7, Ahbel (DE 4338801) teaches the method according to any claim 1,
- in which the shape of the packages is scanned (Paragraph 0012 lines 1-8) and the surface of the packages is scanned (Paragraph 0013 lines 4-10), and
- in which the control device determines, based on the scanned shape of the packages and/or the scanned surface of the packages (Paragraph 0012 line 1-Paragraph 0013 line 10), whether the shape is at least one predetermined special shape of the packages (Paragraph 012 lines 5-8, Paragraph 0023 lines 9-12).
Regarding claim 10, Ahbel (DE 4338801) teaches the method according to claim 7,
- in which article classes of the packages are inferred by the control device (Paragraph 0024 lines 11-18) based on the scanned shape of the packages and/or the scanned surface of the packages (Paragraph 0013 lines 1-10, Paragraph 0012 lines 4-8), and
- in which the control device also determines space-saving, optimized sorting sequences to be loaded successively into the transport units based on the article classes of the packages (Paragraph 0007 lines 1-6, Paragraph 0014 lines 4-8).
Regarding claim 11, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the weight of each package is determined (Paragraph 0012 lines 5-8), and
- in which the control device also determines space-saving, optimized sorting sequences to be loaded successively into the transport units based on the weight of the packages (Paragraph 0007 lines 1-6, Paragraph 0014 lines 4-8).
Regarding claim 14, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the packages are unloaded from transport units in the form of utility vehicle structures in form of a truck, a trailer or a semi-trailer, and/or from transport units in the form of non-self-propelled low-floor vehicles and/or
- in which the packages are loaded into non-self-propelled low-floor vehicles (Paragraph 0011 lines 1-3).
Regarding claim 15, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which packaged piece goods are used as packages (Paragraph 0020 lines 1-8), and
- where the piece goods are parcels (Paragraph 0020 lines 1-2).
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ahbel (DE 4338801) in view of Handy et al. (US 4832204) and further in view of Eger (US 2018/0029082).
Regarding claim 4, Ahbel (DE 4338801) teaches the method according to claim 1,
- in which the loading state of the at least one transport unit for loading the packages is monitored during the loading of the packages (Paragraph 0014 lines 4-8), and
- in which the control device determines the optimized sorting sequence on the basis of the loading state of at least one transport unit (Paragraph 0014 lines 4-8, “current state of the stack”).
Ahbel (DE 4338801) lacks teaching a method in which the loading state of the at least one transport unit for loading the packages is monitored during the loading of the packages by means of at least one sensor, and in which the control device determines the optimized sorting sequence on the basis of the loading state of at least one transport unit detected by the at least one sensor.
Eger (US 2018/0029082) teaches a method for redistributing packages in a sorting station (Paragraph 0002 lines 1-5),
- in which the loading state of the at least one transport unit for loading the packages is monitored during the loading of the packages by means of at least one sensor (Paragraph 0038 lines 1-9), and
- in which the control device (Fig. 1 #100) determines the optimized sorting sequence on the basis of the loading state of at least one transport unit (Paragraph 0044 lines 1-17) detected by the at least one sensor (Paragraph 0038 lines 1-9).
Eger (US 2018/0029082) explains that a sensor determines when the fill level of the bin has reached a first threshold, indicating that the bin is nearing capacity, and when the fill level has reached a second threshold, indicating that the bin is at capacity (Paragraph 0038 lines 1-9), such that packages are not rejected and bins are not inadequately filled (Paragraph 0043 lines 2-17).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include wherein the loading state of the at least one transport unit for loading the packages is monitored during the loading of the packages by means of at least one sensor, and wherein the control device determines the optimized sorting sequence on the basis of the loading state of at least one transport unit detected by the at least one sensor as taught by Eger (US 2018/0029082) in order to adequately fill the transport unit without rejecting packages.
Regarding claim 9, Ahbel (DE 4338801) lacks teaching the method according to claim 7,
- in which electronic 3D models of the packages are generated by the control device from the scanned shape of the packages and/or the scanned surface of the packages, and
- in which the control device also determines, based on the electronic 3D models of the packages, space-saving, optimized sorting sequences to be loaded successively into the transport units.
Eger (US 2018/0029082) teaches a method for redistributing packages in a sorting station (Paragraph 0002 lines 1-5),
- in which electronic 3D models of the packages are generated by the control device from the scanned shape of the packages and/or the scanned surface of the packages (Paragraph 0043 lines 1-12, Paragraph 0050 lines 1-5), and
- in which the control device also determines, based on the electronic 3D models of the packages, space-saving, optimized sorting sequences to be loaded successively into the transport units (Paragraph 0044 lines 1-15).
Eger (US 2018/0029082) explains that when the control system determines that the accumulated volume of all items in transport to a given bin will reach the capacity of the bin, the control system can dynamically reassign the sort criterion for that bin to a new bin (Paragraph 0046 lines 1-6), and explains that the system can measure and store some or all of the dimensions of items or create a shape profile, and can compute a cubic volume of each of the items (Paragraph 0050 lines 1-5). Eger (US 2018/0029082) states that this system maximizes the product content of each output container and minimizes the total number of finalized containers (Paragraph 0059 lines 5-18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include wherein electronic 3D models of the packages are generated by the control device from the scanned shape of the packages and/or the scanned surface of the packages, and wherein the control device also determines, based on the electronic 3D models of the packages, space-saving, optimized sorting sequences to be loaded successively into the transport units as taught by Eger (US 2018/0029082) in order to maximize the number of packages loaded in each transport unit based on the shape profile and cubic volume of each package, and minimize the total number of transport units used for sorting.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ahbel (DE 4338801) in view of Handy et al. (US 4832204) and further in view of Geiger et al. (DE 102009052547). English translations of Geiger et al. (DE 102009052547) have been provided herein.
Regarding claim 8, Ahbel (DE 4338801) teaches the method according to claim 7,
- in which the packages with predetermined special shapes are removed from the transport sequence (Paragraph 0023 lines 9-12) and/or from the sorting sequence.
Ahbel (DE 4338801) lacks teaching the method in which the removed packages with special shapes are loaded into at least one transport unit.
Geiger et al. (DE 102009052547) teaches a method for redistributing packages in a sorting station (Paragraph 0006 lines 1-5) in which the packages with predetermined special shapes are removed from the transport sequence (Paragraph 0046 lines 1-6) and/or from the sorting sequence, and in which the removed packages with special shapes are loaded into at least one transport unit (Figs. 3d-3e see #90f loaded into #60a, Paragraph 0047 lines 1-6).
Geiger et al. (DE 102009052547) explains that special pieces of luggage that cannot be handled by the robot, or that can only be handled poorly may be removed from the transport sequence and directed to a feed section where an operator can manually load the object in one of the loading containers (Paragraph 0012 lines 1-12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include in which the removed packages with special shapes are loaded into at least one transport unit as taught by Geiger et al. (DE 102009052547) in order to manually load packages with special shapes which cannot be handled by a robot.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ahbel (DE 4338801) in view of Handy et al. (US 4832204) and further in view of Pachon et al. (US 11093891).
Regarding claim 12, Ahbel (DE 4338801) lacks teaching the method according to claim 1,
- in which size dimensions and/or sorting parameters of at least individual packages are communicated to the control device before the transport unit is unloaded, and
- in which the communicated size dimensions and/or sorting parameters of the at least individual packages are compared with the scanned size dimensions and/or sorting parameters with at least individual packages.
Pachon et al. (US 11093891) teaches a method for redistributing packages in a sorting station (Col. 1 lines 58-64),
- in which size dimensions and/or sorting parameters of at least individual packages (Col. 3 lines 45-58) are communicated to the control device before the transport unit is unloaded (Col. 3 lines 27-32), and
- in which the communicated size dimensions and/or sorting parameters of the at least individual packages are compared with the scanned size dimensions and/or sorting parameters with at least individual packages (Col. 13 lines 44-65).
Pachon et al. (US 11093891) explains that the ability to predict packages that may arrive at the facility can add value since the sortation process can being prior to completion of accepting orders for delivery during a period of time (Col. 3 lines 40-44), and the sort zone assignment engine can apply optimization algorithms to determine optical sort zone assignments for the expected packages based on the data corresponding to the expected packages or the facility (Col. 5 lines 39-44). Pachon et al. (US 11093891) additionally explains that the sort zone assignment engine can update the assignments in real time as needed to account for unexpected packages, sort zone utilization limitations, overflow requirements, unexpected transportation delays, and other factors (Col. 5 line 65-Col. 6 line 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include wherein size dimensions and/or sorting parameters of at least individual packages are communicated to the control device before the transport unit is unloaded, and in which the communicated size dimensions and/or sorting parameters of the at least individual packages are compared with the scanned size dimensions and/or sorting parameters with at least individual packages as taught by Pachon et al. (US 11093891) in order to begin the sortation process prior to unloading of the packages and to update the assignments in real time as needed based on the scanned sorting parameters.
Regarding claim 13, Ahbel (DE 4338801) lacks teaching the method according to claim 12,
- in which the control device determines an optimized sorting sequence of at least individual packages based on the communicated size dimensions and/or sorting parameters of at least individual packages before the at least individual packages are unloaded, and
- in which the optimized sorting sequence of the packages is determined by the control device after the scanning of the packages, taking into account the optimized sorting sequence theoretically determined before the scanning of the packages on the basis of the communicated size dimensions and/or sorting parameters.
Pachon et al. (US 11093891) teaches a method for redistributing packages in a sorting station (Col. 1 lines 58-64),
- in which the control device (Col. 5 lines 3-16) determines an optimized sorting sequence of at least individual packages based on the communicated size dimensions and/or sorting parameters of at least individual packages before the at least individual packages are unloaded (Col. 5 lines 39-44), and
- in which the optimized sorting sequence of the packages is determined by the control device (Col. 5 lines 3-16, 39-44) after the scanning of the packages (Col. 5 lines 65-67), taking into account the optimized sorting sequence theoretically determined before the scanning of the packages on the basis of the communicated size dimensions and/or sorting parameters (Col. 5 line 65-Col. 6 line 3).
Pachon et al. (US 11093891) explains that the ability to predict packages that may arrive at the facility can add value since the sortation process can being prior to completion of accepting orders for delivery during a period of time (Col. 3 lines 40-44), and the sort zone assignment engine can apply optimization algorithms to determine optical sort zone assignments for the expected packages based on the data corresponding to the expected packages or the facility (Col. 5 lines 39-44). Pachon et al. (US 11093891) additionally explains that the sort zone assignment engine can update the assignments in real time as needed to account for unexpected packages, sort zone utilization limitations, overflow requirements, unexpected transportation delays, and other factors (Col. 5 line 65-Col. 6 line 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Ahbel (DE 4338801) to include wherein the control device determines an optimized sorting sequence of at least individual packages based on the communicated size dimensions and/or sorting parameters of at least individual packages before the at least individual packages are unloaded, and wherein the optimized sorting sequence of the packages is determined by the control device after the scanning of the packages, taking into account the optimized sorting sequence theoretically determined before the scanning of the packages on the basis of the communicated size dimensions and/or sorting parameters as taught by Pachon et al. (US 11093891) in order to begin the sortation process prior to unloading of the packages, and update the assignments in real time as needed.
Response to Arguments
Applicant's arguments filed April 21st, 2026 have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that Ahbel fails to disclose or suggest the creation of two parallel sorting sequences that are to be loaded separately and in the corresponding order using separate robots, the Examiner would like to clarify the following.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “parallel sorting sequences that are to be loaded separately and in the corresponding order using separate robots”, “several parallel sorting sequences, each of which is loaded into separate transport containers by separate robots”, “packages from the various separate sorting sequences are not mixed together”, “the packages in a sorting sequence remain part of that sorting sequence once they have been assigned to the corresponding sorting sequence”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The claims recite “in which the scanned packages are sorted in the at least one transport sequence in a sorting device on the basis of the at least one sorting parameter and divided into at least two parallel sorting sequences of packages” which is taught by Ahbel dividing packages ‘P’ into at least two parallel sorting sequences along each buffer #20 corresponding to a specific size class. The claims then recite “in which the packages of the parallel sorting sequences are successively loaded into different transport units by at least one robot in accordance with the sorting sequences” which is taught by Ahbel successively loading packages ‘P’ one after another into storage locations #30. Ahbel states “storage locations 30 are provided on each side for pallets to be loaded, on which the robot system 14 stacks the packages P removed from the buffers 20 one after the other or with several grippers simultaneously. Normally, one package at a time is taken and placed on a pallet or the stack formed on it. However, if the packages are very uniform in size, several packages can be picked up at the same time and placed on a pallet” (Paragraph 0030 lines 1-7), further explaining how the packages from a single buffer may be loaded on a pallet one after another or simultaneously. The recitation of “the packages of the parallel sorting sequences are successively loaded into different transport units” as claimed does not limit packages from one particular sorting sequence to be exclusively loaded onto one particular transport unit.
The Examiner would additionally like to clarify that Ahbel explains that it is known to sort the packages arriving on a conveyor belt according to their size and to divide them row by row into several parallel buffers, wherein the rows formed in the buffers are then loaded layer by layer into the vehicle or container without changing the relative position of the packages, however the conditions which make this possible are usually not met due to the packages having very different dimensions occurring in an irregular, constantly changing sequence and in changing proportions (Paragraph 0004 lines 1-13). Ahbel states that the claimed system can be implemented with one or more conveyors transporting goods of different sizes and/or qualities in any desired, alternating sequence to a device that registers the size and/or quality, and then to a specific location in the access area of a handling mechanism that is controlled by a computer in such a way that the piece goods can be optimally stacked depending on their availability in or for the access area of the handling mechanism and on the current state of a stack to be formed (Paragraph 0007 lines 1-6). The robot taught by Ahbel is able to select the package available in the access area of the robot, wherein that package has been arranged at a specific location in the access area relative to other packages for selection (in a specific sequence). Therefore, Ahbel teaches “in which the packages of the parallel sorting sequences are successively loaded into different transport units by at least one robot in accordance with the sorting sequences” as claimed.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 8 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Geiger et al. (DE 102009052547).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
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