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 11/12/24, and the Amendments to the Claims in the Applicant’s Second Preliminary Amendment, filed on 02/11/25, have been entered. Also, the Amendments to the Claims in the Applicant’s Third Preliminary Amendment, filed on 04/08/25, have been entered.
According to the Second Preliminary Amendment, claims 1-23 were pending but later canceled. New claims 24-43 were added. According to the Third Amendment, claims 24-43 were pending but have been canceled. New claims 44-73 have been added and are now pending.
Claim Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim. A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, the Applicant's sequence will not be changed. See MPEP § 608.01(n). In the present case, dependent claim 52 is objected to because it refers to claim 53. Similarly, dependent claim 53 is objected to because it refers to itself. Correction is required.
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, 45, 48, 51, and 52 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 11, 12, and 15 of U.S. Patent No. 11,034,529. 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. 11,034,529 is as follows:
Instant Application
Reference
44. An automated method of unloading objects from a container, comprising: [1] moving an automated structure into the container by a drive system; [2] operating a collection conveyor system attached to the automated structure, the collection conveyor system including a distal end that is position able near a floor of the container, and a proximal end that is opposite the distal end; [3] engaging objects with the distal end of the collection conveyor system as the collection conveyor system moves with the automated structure from a first end of the container to a second end of the container, the engaging the objects including directly contacting the objects by the distal end of the collection conveyor system; [4] moving the objects engaged by distal end of the collection conveyor system onto the collection conveyor system; [5] moving the objects from the distal end of the collection conveyor system to the proximal end of the collection conveyor system; and [6] conveying the objects from the proximal end of the collection conveyor system to an output conveyance system as the automated structure moves within the container.
10. An automated method of unloading objects from a trailer of a tractor trailer, comprising: [1] moving an unloading structure into the trailer, wherein the unloading structure includes a cleated conveyor and an extendable chute; [2] extending the extendable chute in response to the unloading structure moving into the trailer; [3] indiscriminately engaging unidentified objects within the trailer using the cleated conveyor with the aid of a plurality of guides; [4-5] conveying the engaged objects from the cleated conveyor out of the trailer through the extended chute; and [6] transporting the objects toward a distribution location.
45. The method of claim 44, wherein the output conveyance system includes an extendable chute.
10. An automated method of unloading objects from a trailer of a tractor trailer … wherein the unloading structure includes a cleated conveyor and an extendable chute.
48. The method of claim 44, wherein the output conveyance system leads to a bin.
15. The method as claimed in claim 10, wherein the distribution location includes at least one bin.
51. The method of claim 44, [1] wherein the automated structure includes at least one perception system and [2] wherein the drive system includes at least one drive wheel that is driven responsive to perception data from the at least one perception system.
11. The method as claimed in claim 10, [2] wherein the unloading structure is a wheeled structure that moves into the trailer.
12. The method as claimed in claim 10 … [1] wherein the at least one perception unit includes any of a camera and a scanner.
52. The method of claim 53, wherein the perception system includes a first perception unit that is directed toward at least some objects within the container.
12. The method as claimed in claim 10, further comprising receiving perception data from at least one perception unit, wherein the at least one perception unit includes any of a camera and a scanner.
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, 47, 51, 52, 54, 57, 61, 62, 64, 67, 71, and 72 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by US Pub. No. 2016/0280477 to Pippin (Pippin). For claim 44, Pippin discloses an automated method of unloading objects (208) from a container (202), comprising:
moving an automated structure (220) into the container by a drive system (220) (see ¶¶ [0035-0036] for moving a positioning mechanism into a trailer);
operating a collection conveyor system (200) attached to the automated structure, the collection conveyor system including a distal end (212) that is position able near a floor of the container, and a proximal end that is opposite the distal end (214) (see ¶¶ [0035-0036] for positioning an automatic unloader system within the trailer);
engaging objects with the distal end of the collection conveyor system as the collection conveyor system moves with the automated structure from a first end of the container to a second end of the container, the engaging the objects including directly contacting the objects by the distal end of the collection conveyor system (see ¶¶ [0035-0036] & [0049] for transferring items on the floor inside the trailer onto the automatic unloader via a ramping conveyor);
moving the objects engaged by distal end of the collection conveyor system onto the collection conveyor system (see ¶¶ [0035-0036] & [0041-0043] for sliding the ramping conveyor under the items in the trailer, the items being arranged in orderly stacks or intermingled disorderly piles);
moving the objects from the distal end of the collection conveyor system to the proximal end of the collection conveyor system (see ¶¶ [0035-0036]); and
conveying the objects from the proximal end of the collection conveyor system to an output conveyance system as the automated structure moves within the container (see ¶¶ [0035-0036]).
In regards to claims 47, 57, and 67, Pippin further discloses that the output conveyance system includes a collapsible conveyor (226). See ¶ [0037] (providing an extendible conveyor which is operable to carry items unloaded by the unloader from the trailer).
In regards to claims 51 and 61, Pippin further discloses that the automated structure includes at least one perception system (250) (see ¶ [0037] for providing a sensor on the unloader for sensing labels, ID tags, RFID tags, barcodes, etc.) and wherein the drive system includes at least one drive wheel (1120) that is driven responsive to perception data from the at least one perception system (see Fig. 2 infra showing a set of wheels mounted underneath the automatic unloader).
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In regards to claims 52, 62 and 72, Pippin further discloses that the perception system includes a first perception unit (250) that is directed toward at least some objects within the container. See ¶ [0037] (providing a sensor on the unloader for sensing labels, ID tags, RFID tags, barcodes, etc.).
Claims 54 and 64 are rejected under § 102(a)(1) as being anticipated by Pippin, supra. For claim 54, Pippin discloses an automated system and method of unloading objects (208) from a container (202), comprising:
providing perception data from at least one perception system (250) directed toward at least some of the objects within the container (see ¶ [0037] (providing a sensor on the unloader for sensing labels, ID tags, RFID tags, barcodes, etc.);
moving an automated structure (220) that includes into the container by a drive system (220) responsive to the perception data (see ¶¶ [0035-0036] for moving a positioning mechanism into a trailer);
operating a collection conveyor system (200) attached to the automated structure, the collection conveyor system including a distal end (212) that is position able near a floor of the trailer, and a proximal end (214) that is opposite the distal end (see ¶¶ [0035-0036] for positioning an automatic unloader system within the trailer);
engaging objects with the distal end of the collection conveyor system as the automated structure moves from a first end of the container to a second end of the container that is opposite the first end, the engaging the objects including directly contacting the objects by the distal end of the conveyor system (see ¶¶ [0035-0036] & [0049] for transferring items on the floor inside the trailer onto the automatic unloader via a ramping conveyor);
moving the objects engaged by the distal end of the collection conveyor system to the proximal end of the collection conveyor system(see ¶¶ [0035-0036] & [0041-0043] for sliding the ramping conveyor under the items in the trailer, the items being arranged in orderly stacks or intermingled disorderly piles); and
conveying the objects from the proximal end of the collection conveyor system to an output convenance system as the automated structure moves into the container (see ¶¶ [0035-0036]).
In regards to claim 71, Pippin further discloses that the objects are not identified prior to being moved along the collection conveyor system. See ¶ [0037] (providing a sensor mounted in a position that enables the sensor to sense items on the unloader or the extendible conveyor).
Allowable Subject Matter
Claims 45 and 48 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 46, 49, 50, 53, 55, 56, 58-60, 63, 65, 66, 68-70, and 73 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 Pub. No. 2014/0199142 to Criswell discloses an automatic tire loader/unloader for stacking/unstacking tires in a trailer. In one embodiment, a mobile base structure provides a support framework for a drive subassembly, conveyance subassembly, an industrial robot, a distance measurement subassembly, and a control subassembly. Under the operation of the control subassembly, tires advance through a powered transportation path to an industrial robot which places the tires within the trailer in a vertical stacking pattern or a rick-stacking pattern, for example. The control subassembly coordinates the selective articulated movement of the industrial robot and the activation of the drive subassembly based upon the distance measurement subassembly detecting objects, including tires, within a detection space, dimensions of the trailer provided to the control subassembly, and dimensions of the tires provided to the control subassembly.
US Pub. No. 2009/0110525 to Criswell et al. discloses a system and method for automated trailer loading that utilizes an automatic case loader for loading product in a trailer. A mobile base structure provides a support framework for a drive subassembly, conveyance subassembly, an industrial robot, a distance measurement sensor, and a control subassembly. Under the operation of the control subassembly, product advances through a powered transportation path and is stacked as product columns which are presented to an industrial robot which places the product columns within the trailer. The control subassembly coordinates the selective articulated movement of the industrial robot and the activation of the drive subassembly, which provides for forward and reverse movement as well as traverse movement between so that product may be loaded within multiple trailers without interruption.
US Pat. No. 9,038,828 to Enenkel discloses a device for loading a transporting unit provided for transporting piece goods, in particular mail deliveries, includes a first conveying unit which can be moved into the transporting unit and is provided for conveying and unloading a first stream of piece goods in the transporting unit. At least one second conveying unit is provided for conveying and unloading a second stream of piece goods in the transporting unit in order to optimize loading with respect to a transport filling density of the transporting unit, along with an increased loading throughput and increased working convenience. The piece goods are distributed among the streams of piece goods according to at least one sorting criterion.
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
