DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-14 are currently being examined.
Specification
The Specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP § 608.01
Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-5, 7, 9, 11, 13, 16, 17, and 19 of U.S. Patent No. 10,947,042. Although the conflicting claims are not identical, they are not patentably distinct from each other because the '042 patent discloses the following with respect to the Applicant’s claims:
1. A storage system for storing product items comprising: (See Claim 1)
a storage grid structure, (See Claim 1)
wherein the grid structure has a top level; (See Claim 1)
a robot device comprising a movable arm, operably coupled to a base, with a picking mechanism in one end thereof, (See Claim 1)
wherein the robot device is configured to move a storage item between a first location and a second location using the picking mechanism; and (See Claim 1)
a storage control and communication system configured to control the robot device to move a product item from a first robot arm reachable area of the storage grid to a second robot arm reachable area outside the storage grid. (See Claim 1)
2. The storage system of claim 1, further comprising a number of first storage bins configured to be stored in vertical stacks in the grid structure, (See Claim 1)
wherein each first storage bin is configured to contain at least one product item, and (See Claim 1)
wherein the storage control and communication system is configured to: (See Claim 1)
control the robot device to move the at least one product item from at least one first storage bin in the first robot arm reachable area of the storage grid to at least one second storage bin placed in a second robot arm reachable area outside of the storage grid. (See Claim 1)
3. The storage system of claim 1, wherein the robot device, during use, is located with its movable arm above a top level of the storage grid or a level directly below the top level. (See Claim 5)
4. The storage system of claim 2, wherein the first location is a location of a first storage bin stored at the top level or the level directly below the top level in the storage grid. (See Claim 7)
5. The storage system of claim 2, wherein the second location is a location of a conveyor system arranged adjacent to the storage grid. (See Claim 11)
6. The storage system of claim 5, wherein the second location is a location of a second storage bin arranged on the conveyor system. (See Claim 17)
7. The storage system of claim 6, wherein the conveyor system is configured to transport the product item or the second storage bin containing the product item to a delivery or supply station. (See Claim 19)
8. The storage system of claim 5, wherein the conveyor system is provided at a height equal to, or above, a height of the level directly below the top level. (See Claim 13)
9. The storage system of claim 5, wherein the conveyor system is configured to transport the product item or the second storage bin containing the product item to a delivery or supply station. (See Claim 19)
10. The storage system of claim 9, wherein the system comprises a bin lift device arranged to transport the first storage bin in a vertical direction between the top level of the grid structure and the delivery or supply station. (See Claim 16)
11. The storage system of claim 2, wherein the robot device is configured to move the first or second storage bin using the picking mechanism. (See Claim 9)
12. The storage system of claim 2, wherein the storage control and communication system is further configured to: (See Claim 2)
analyze a plurality of picking orders; (See Claim 2)
determine the most frequently demanded product items from the picking orders; and (See Claim 2)
place the first storage bins containing the most frequently demanded product items in a first area. (See Claim 2)
13. The storage system of claim 2, wherein the storage control and communication system is further configured to control the robot device to move product items from more than one first storage bin in the first robot arm reachable area of the storage grid to at least one second storage bin placed in the second robot arm reachable area outside of the storage grid. (See Claim 3)
14. The storage system of claim 1, wherein the robot device is provided in communication with a vehicle control system controlling a vehicle, to avoid collision between the vehicle and the robot device. (See Claim 4)
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure because the prior art references contain subject matter that relates to one or more of Applicant’s claim limitations. Any hypothetical prior art rejection based on these references would require impermissible hindsight reasoning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS RANDAZZO whose telephone number is (313)446-4903. The examiner can normally be reached between 9:00am and 4:00pm ET Monday through Thursday and between 9:00am and 11:00am ET on Friday.
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.
Information regarding the status of published or unpublished applications may be obtained from the Patent Center. Unpublished application information in the Patent Center is available to registered users. To file and manage patent submissions in the Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about the 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.
/THOMAS RANDAZZO/Primary Examiner, Art Unit 3655 September 2, 2026
Prosecution Insights