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
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-12 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grosse (WO 2016/033628) (English translation attached with copy) in view of Pursiainen (US 2015/0321882).
Interpretative note 1. "System" in line 2 has been interpreted as the transitional phrase that defines "the scope of a claim with respect to what unrecited additional components or steps, if any, are excluded from the scope of the claim." (MPEP 2111.03)
Interpretative note 2. Terms such as "lowest height" and "preferred height" are generic terms. Any height can be lowest or preferred without context or further definition.
With respect to claims 1, 2, 3, 5, 6, 8, 9, 10, 11, 12 & 14,Grosse discloses a method for safe access to a hazard area in a racking system, in particular to a rack operating device in a racking system designed as a storage and retrieval system,
wherein a racking system has a rack storage unit 1 with a storage rack and a rack operating device 10, 10', 10", 37a, 37b for operating a storage rack,
wherein a storage rack has one or more compartments 7, 8, 9 (FIG. 3 representative) for stored goods 6 in one rack level or in several rack levels 16 (FIG. 2) arranged one above one other, and
wherein a rack operating device has a lifting unit 37a/40a, 37b/40b arranged to be movable in a vertical direction,
comprising method steps performed by control unit 28:
requesting access to a hazard area via switching device (24, 25, 26) by operating personnel 23,
making inactive, e.g. interrupting any operation of, a storage rack by a rack operating device, and
granting access to a hazard area for operating personnel,
a method further comprising,
after requesting access to a hazard area according to step 1), moving a lifting unit in a vertical direction to a holding position, e.g. lowest height, and/or to a preferred height.
Grosse explains the operation thusly:
Definition of those storage and retrieval machines that would move or move in the protected area; and that in the safety operation those storage and retrieval units, which would move or move in the protected area, are moved to a holding position within the rack aisle, in which the respective storage and retrieval unit remains as long as and is placed in a safe for the operator or motionless hibernation until the Control unit receives a release signal (S.sub.FRB4). Within the scope of the invention, the term "spatial access area" is to be understood as the (theoretical) range of movement within which the operator can act if he is in the rack aisle in one of the storage areas. This is determined in the first dimension (y direction ) and the second dimension (z-direction) by the unrestricted Movement radius of the arm / foot of the operator and in a third dimension (x-direction) through the unrestricted walkway of the operator along the rack aisle. Physical boundaries, such as those provided by the sidewalks or security grilles, limit the accessibility of the operator. The third dimension (x-direction) can also extend over only a portion of the length of the rack aisle, especially with short rack aisles over the entire length of the rack aisle and, in particular, with long rack aisles.
With the change from automatic mode to safety mode for the load handling unit 2; 36; 54; 55, therefore, when the control device 28 or the evaluation unit 35 receives an operating mode change signal from one of the switching devices 24, 25, 26, the lifting drive 40a, 40b for the transport device 41a, 41b is activated such that the transport device 41a, 41b in FIG a holding position (y-holding position) moves. This hold position is defined and located by the controller device 28 along a vertical lifting axis for the transport device 41a, 41b, for example at a height level at which the transport device 41a, 41b is positioned outside the protective area 73. Such a holding position is entered as an example in Fig. 17a.
In other words, the two passages quoted from the English translation of Grosse above disclose that access is requested when an operator actives lockout switches 24, 25, 26 which then cause rack operating device 37a, 37b to automatically move to a hold position, e.g. height. Grosse's hold position is a preferred height insomuch as it is outside the protected area 73.
Grosse's apparatus automatically moves lifting device 40a, 40b to a preferred height such that it can't be put into inactive mode until receiving an activation signal from controller. While this is essentially secured in position Grosse does not explicitly disclose a step of securing a lifting unit at a preferred height in the vertical direction.
Pursiainen discloses a method of securing a lifting device 3 at a particular height, e.g. preferred height, when an operator turns a key, e.g. requests access. Securing is accomplished when a key turns lock 12 which automatically activates safety device 9. Pursiainen further discloses that safety device comprises an extensible safety member 9a that secures an area above and/or below lifting device 3. Pursiainen teaches that the step of securing a lifting unit at a preferred height prevents unintended lifting device movement that could potentially harm a servicing operator. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Gross to include Pursiainen's step of securing a lifting unit at a preferred height in the vertical direction to prevent injury to personnel due to unintended movement of lifting equipment.
With respect to claim 7, Pursiainen discloses that safety device 9 is a substitute as well as an improvement over "safety gear to grip the guide rails" of a lifting device. In other words, a rail grip acts functions as a brake. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Grosse to use a safety device interchangeably with a brake which are well known equivalents in securing a lifting device from movement along a vertical axis.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grosse in view of Pursiainen and further in view of Muranaka (US 10,661,989) which discloses for performing steps in an operation terminal a "computer-readable recording medium, such as a CD-ROM, on which the program is recorded" and executed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Grosse to include a non-transitory computer-readable medium storing executable program commands which, when executed by a computer, cause the computer to carry out a method as taught by Muranaka, which automates equipment systems that are safe and have excellent workability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm.
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/GREGORY W ADAMS/ Primary Examiner, Art Unit 3652
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