3S 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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 140. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: In paragraph 76, “aisle 35” is not present in figure. Aisle 75 is used in the figures.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: Unclear if “deliver” vehicles are the same a “delivery” vehicles.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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) 1-2, 4-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ganouni (US 20250058361).
Regarding claim 1 Ganouni teaches a method of sorting a plurality of items (A) into a first set of bins (5) and a second set of bins (5) with an aisle (3) separating the first set of bins from the second set of bins (Fig. 2), wherein the method comprises the steps of:
loading an item onto a delivery vehicle at a loading location (“reception level” paragraph 40);
moving the delivery vehicle (7) within the aisle (3, Fig. 1, paragraph 42) to deliver the item to one of the bins (5) of the first and second sets of bins (paragraph 40);
discharging the item from the vehicle (7) into the one bin (5). (Fig. 1);
repeating the steps of loading, moving and discharging for a plurality of deliver vehicles to accumulate a plurality of items into the one bin (Fig. 1);
conveying a retrieval vehicle (9) along a horizontal surface outside of the aisle (3). (Fig. 2);
displacing the retrieval vehicle (9) upwardly outside of the aisle (3) to align the retrieval vehicle with the one bin (Fig. 2, 3 displaced upwardly in 8, paragraph 48);
transferring the one bin (5) from the first set of bins (5) onto the retrieval vehicle (9) after the step of repeating the step of loading, moving and discharging to accumulate a plurality of items (A) into the one bin (Fig. 2);
displacing the retrieval vehicle (9) downwardly with the one bin (5, Fig. 1) to the horizontal surface (Fig. 2);
conveying the retrieval vehicle (9) and the one bin (5) along the horizontal surface (Fig. 2).
Regarding claim 2 Ganouni teaches the method of claim 1 wherein the step of displacing the retrieval vehicle (9) upwardly (Fig. 2) comprises the step of driving the retrieval vehicle vertically up a track (81, Fig. 3).
Regarding claim 4 Ganouni teaches the method of claim 1 wherein the step of moving the delivery vehicle (7) within the aisle (3, Fig. 1, paragraph 42) comprises moving the delivery vehicle along a loop (Fig. 2, paragraph 40) from the loading location (“reception level” paragraph 40) to the one bin and back to the loading location.
Regarding claim 5 Ganouni teaches the method of claim 1 wherein the step of moving the delivery vehicle (7) within the aisle (3) comprises moving the delivery vehicle vertically and horizontally within the aisle (Figs, 2-3, paragraphs 50-54).
Regarding claim 6 Ganouni teaches the method of claim 1 comprising the step of releasably retaining the one bin (5) in a rack (2a, 2b, paragraph 39). (Fig. 2).
Regarding claim 7 Ganouni teaches the method of claim 6 wherein the step of transferring the one bin (5) comprises the step of releasing the one bin from the rack (paragraph 39, 44).
Claim Rejections - 35 USC § 103
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 20250058361) in view of Stevens (US 2021/0047112).
Regarding claim 3 Ganouni teaches a retrieval vehicle (9) that can climb a track attached to racks (20a, 20b) (Fig. 3-4, paragraphs 50-54, 59-60). Ganouni does not teach the step of moving the track horizontally using the retrieval vehicle.
Stevens teaches a similar method of item storage and retrieval with a vehicle that can move horizontally and vertically on a track (Stevens: paragraph 7). Stevens also teaches the step of moving the track (Stevens: 720) horizontally using the retrieval vehicle (Stevens: paragraph 138). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to replace the fixed track of Ganouni with the moveable track of Stevens in order to easily and quickly access bins from any of the bin storage locations.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 20250058361) in view of Serstad (US 12202673).
Regarding claim 8 Ganouni teaches the method of claim 1 wherein the one bin (5) is located in a first storage location (4). Ganouni doesn’t teach the step of delivering an empty bin to the one storage location to replace the one bin after the step of retrieving the one bin.
Serstad teaches a system for replacing bins containing one or more items with an empty bin (Serstad: Fig 7) comprising a vehicle that can move along a track (Serstad: column 17 lines 47-59) horizontally and vertically (Serstad: column 6 lines 28-32) to racks (Serstad: 536) with bins (Serstad: 401) and a plurality of storage locations (Fig. 3). Serstad also teaches the step of delivering an empty bin (Serstad: 401) to the one storage location (Serstad: 570) to replace the one bin (Serstad: 401) after the step of retrieving the one bin. (Serstad: Fig. 9, column 5 lines 27-30, 41-45). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the method of sorting and retrieving a plurality of items of Ganouni with the step of delivering an empty bin after retrieving a bin from the same location as taught by Serstad in order to “minimize the time requirement associated with the replacement of a filled receptacle with an empty receptacle” (Serstad).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. An additional example of prior art cited on the PTO-892, is Hayduchok (US 20080277243) which discloses a method and apparatus for sorting items to a plurality of sort destinations.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571) 270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.S./Examiner, Art Unit 3655
/KAITLIN S JOERGER/Primary Examiner, Art Unit 3655
