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 .
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.
Claim 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18/972,770 in view of Zizka or Zhang (as applied below).
Claim 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of copending Application No. 18/972,706 in view of Zizka or Zhang (as applied below).
Claim 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of copending Application No. 18/972,776 in view of Zizka or Zhang (as applied below).
Claim 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of copending Application No. 18/972,728 in view of Zizka or Zhang (as applied below).
The copending applications generally overlap in scope. Zizka and Zhang teach the specifics of the bi-directional tote manipulator mechanism not disclosed in the copending applications. It would have been obvious to one skilled in the art to modify the copending applications to include the bi-directional tote manipulator mechanism because it allows for totes to be loaded from both sides of an aisle.
This is a provisional nonstatutory double patenting rejection.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 10-14 and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zizka et al. US 2023/0415345.
Zizka discloses a tote manipulator mechanism for an autonomous mobile robot, wherein the autonomous mobile robot is configured to operate in a warehouse including one or more storage units for holding a plurality of source totes each associated with one or more items, the tote manipulator mechanism comprising:
(Re claim 1) “a tote manipulator device configured to engage with the plurality of source totes on the one or more storage units; the tote manipulator device disposed on a source tote platform of the autonomous robot” (915, 917, 900 figure 5A, para 0120). “a translation device, connected to the tote manipulator device, configured to move the tote manipulator device across the platform between a first side of the platform and a second side of the platform” (‘linear axis motor’ para 0120). “a controller, configured to cause the translation device to extend the tote manipulator device from a retracted position to an extended position beyond the first side of the platform and to cause the translation device to extend the tote manipulator device from the retracted position to an extended position beyond the second side of the platform” (para 0113, para 0121). “wherein the tote manipulator device includes an engagement head configured to engage with a first source tote when the tote manipulator device is in the extended position beyond the first side of the platform and to engage with a second source tote when the tote manipulator device is in the extended position beyond the second side of the platform” (‘both directions’ para 0062, para 0121).
(Re claim 2) “the controller is configured to retract the engaged first source tote to the retracted position on the platform and to retract the engaged second source tote to the retracted position on the platform” (‘both directions’ para 0062, para 0121).
(Re claim 3) “the tote manipulator device and the translation device are mounted on a platform on the autonomous mobile robot and wherein platform is configured to be raised and lowered by a lift mechanism, responsive to the controller, to selectively align the platform with a height of a shelf on the one or more storage units holding source totes” (para 0116).
(Re claim 4) “the engagement head includes a body and one or more suction devices mounted thereon, which arc fluidly connected to a pump” (965 figure 6, para 120).
(Re claim 5) “wherein the body of the engagement head is rotatable about an axis such that the one or more suction devices can be selectively directed toward the first side of the platform and the second side of the platform by rotation of the body about the axis” (969 para 0062, 0121).
(Re claim 6) “when the engagement head is engaged with the first source tote, the controller is configured to activate the pump and to create suction to affix the one or more suction devices to the first source tote and wherein when the engagement head is engaged with the second source tote, the controller is configured to activate the pump and to create suction to affix the one or more suction devices to the second source tote” (‘pump’ para 0121).
Zizka discloses a tote manipulator mechanism for an autonomous mobile robot, wherein the autonomous mobile robot is configured to operate in a warehouse including one or more storage units for holding a plurality of source totes each associated with one or more items, the tote manipulator mechanism comprising:
(Re claim 10) “a tote manipulator device configured to engage with the plurality of source totes on the one or more storage units; the tote manipulator device disposed on a source tote platform of the autonomous robot” (915, 917, 900 figure 5A, para 0120). “a translation device, connected to the tote manipulator device, configured to move the tote manipulator device across the platform between a first side of the platform and a second side of the platform” (‘linear axis motor’ para 0120). “a controller, configured to cause the translation device to extend the tote manipulator device from a retracted position to an extended position beyond the first side of the platform and to cause the translation device to extend the tote manipulator device from the retracted position to an extended position beyond the second side of the platform” (para 0113, para 0121). “wherein the tote manipulator device includes an engagement head configured to engage with a first source tote when the tote manipulator device is in the extended position beyond the first side of the platform and to engage with a second source tote when the tote manipulator device is in the extended position beyond the second side of the platform” (‘both directions’ para 0062, para 0121). “wherein the engagement head includes a body and one or more suction devices mounted thereon, which are fluidly connected to a pump” (965 figure 6, para 120).
(Re claim 11) “the controller is configured to retract the engaged first source tote to the retracted position on the platform and to retract the engaged second source tote to the retracted position on the platform” (‘both directions’ para 0062, para 0121).
(Re claim 12) “the tote manipulator device and the translation device are mounted on a platform on the autonomous mobile robot and wherein platform is configured to be raised and lowered by a lift mechanism, responsive to the controller, to selectively align the platform with a height of a shelf on the one or more storage units holding source totes” (para 0116).
(Re claim 13) “the body of the engagement head is rotatable about an axis such that the one or more suction devices can be selectively directed toward the first side of the platform and the second side of the platform by rotation of the body about the axis” (969 para 0062, 0121).
(Re claim 14) “when the engagement head is engaged with the first source tote, the controller is configured to activate the pump and to create suction to affix the one or more suction devices to the first source tote and wherein when the engagement head is engaged with the second source tote, the controller is configured to activate the pump and to create suction to affix the one or more suction devices to the second source tote” (‘pump’ para 0121).
Zizka discloses a tote manipulator mechanism for an autonomous mobile robot, wherein the autonomous mobile robot is configured to operate in a warehouse including one or more storage units for holding a plurality of source totes each associated with one or more items, the tote manipulator mechanism comprising:
(Re claim 20) “a tote manipulator device configured to engage with the plurality of source totes on the one or more storage units; the tote manipulator device disposed on a source tote platform of the autonomous robot” (915a,b, 917a,b figure 5a). “a translation device, connected to the tote manipulator device, configured to move the tote manipulator device across the platform to a side of the platform” (‘linear axis motor’ para 0120). “a controller, configured to cause the translation device to extend the tote manipulator device from a retracted position to an extended position beyond the side of the platform” (para 0113, para 0121). “wherein the tote manipulator device includes an engagement head configured to engage with a source tote when the tote manipulator device is in the extended position beyond the side of the platform” (‘both directions’ para 0062, para 0121). “wherein the engagement head includes a body and one or more suction devices mounted thereon, which are fluidly connected to a pump” (965 figure 6, para 120).
(Re claim 21) “when the engagement head is engaged with the source tote, the controller is configured to activate the pump and to create suction to affix the one or more suction devices to the source tote” (‘pump’ para 0121).
Claim(s) 1-2 7-9 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. AU 2024357302 A1.
Zhang discloses a tote manipulator mechanism for an autonomous mobile robot, wherein the autonomous mobile robot is configured to operate in a warehouse including one or more storage units for holding a plurality of source totes each associated with one or more items, the tote manipulator mechanism comprising:
(Re claim 1) “a tote manipulator device configured to engage with the plurality of source totes on the one or more storage units; the tote manipulator device disposed on a source tote platform of the autonomous robot” (20, 21, 211 figure 12). “a translation device, connected to the tote manipulator device, configured to move the tote manipulator device across the platform between a first side of the platform and a second side of the platform” (33, 32 figure 10-11). “a controller, configured to cause the translation device to extend the tote manipulator device from a retracted position to an extended position beyond the first side of the platform and to cause the translation device to extend the tote manipulator device from the retracted position to an extended position beyond the second side of the platform” (abstract). “wherein the tote manipulator device includes an engagement head configured to engage with a first source tote when the tote manipulator device is in the extended position beyond the first side of the platform and to engage with a second source tote when the tote manipulator device is in the extended position beyond the second side of the platform” (20 figure 21-22).
(Re claim 2) “the controller is configured to retract the engaged first source tote to the retracted position on the platform and to retract the engaged second source tote to the retracted position on the platform” (20 figure 21-22).
(Re claim 7) “the engagement head includes a body having a first flange facing the first side of the platform and having a second flange facing the second side of the platform” (21a, 21b figure 12).
(Re claim 8) “the engagement head includes a bracket positioned above the platform and orientated horizontally with respect to a surface of the platform” (22 figure 12). “the bracket having a first end on which the first flange is affixed and having a second end on which the second flange is affixed” (21a, 21b figure 12). “the engagement head further including an actuator configured to move the bracket in a vertical direction with respect to the surface of the platform between a down position and a up position” (41, 411, 412 figure 12).
(Re claim 9) “wherein the controller is configured to cause the actuator to move the bracket into the down position when the engagement head is configured to engage with a first handle of the first source tote and then cause the actuator to move the bracket into the up position to engage the first flange with the first handle of the first tote; and wherein the controller is configured to cause the actuator to move the bracket into the down position when the engagement head is configured to engage with a second handle of the second source tote and then cause the actuator to move the bracket into the up position to engage the second flange with the second handle of the first tote” (20 figure 21-22. HP, 211 figure 7).
Zhang discloses a tote manipulator mechanism for an autonomous mobile robot, wherein the autonomous mobile robot is configured to operate in a warehouse including one or more storage units for holding a plurality of source totes each associated with one or more items, the tote manipulator mechanism comprising:
(Re claim 15) “a tote manipulator device configured to engage with the plurality of source totes on the one or more storage units; the tote manipulator device disposed on a source tote platform of the autonomous robot” (20, 21, 211 figure 12). “a translation device, connected to the tote manipulator device, configured to move the tote manipulator device across the platform between a first side of the platform and a second side of the platform” (33, 32 figure 10-11). “a controller, configured to cause the translation device to extend the tote manipulator device from a retracted position to an extended position beyond the first side of the platform and to cause the translation device to extend the tote manipulator device from the retracted position to an extended position beyond the second side of the platform” (abstract). “wherein the tote manipulator device includes an engagement head configured to engage with a first source tote when the tote manipulator device is in the extended position beyond the first side of the platform and to engage with a second source tote when the tote manipulator device is in the extended position beyond the second side of the platform” (20 figure 21-22). “wherein the engagement head includes a body having a first flange facing the first side of the platform and having a second flange facing the second side of the platform” (21a, 21b figure 12).
(Re claim 16) “the controller is configured to retract the engaged first source tote to the retracted position on the platform and to retract the engaged second source tote to the retracted position on the platform” (21a, 21b figure 12).
(Re claim 17) “the tote manipulator device and the translation device are mounted on a platform on the autonomous mobile robot and wherein platform is configured to be raised and lowered by a lift mechanism, responsive to the controller, to selectively align the platform with a height of a shelf on the one or more storage units holding source totes” (FM, TR2 figure 1-3).
(Re claim 18) “the engagement head includes a bracket positioned above the platform and orientated horizontally with respect to a surface of the platform (22 figure 12). “the bracket having a first end on which the first flange is affixed and having a second end on which the second flange is affixed” (21a, 21b figure 12). “the engagement head further including an actuator configured to move the bracket in a vertical direction with respect to the surface of the platform between a down position and a up position” (41, 411, 412 figure 12).
(Re claim 19) “the controller is configured to cause the actuator to move the bracket into the down position when the engagement head is configured to engage with a first handle of the first source tote and then cause the actuator to move the bracket into the up position to engage the first flange with the first handle of the first tote; and wherein the controller is configured to cause the actuator to move the bracket into the down position when the engagement head is configured to engage with a second handle of the second source tote and then cause the actuator to move the bracket into the up position to engage the second flange with the second handle of the first tote” (20 figure 21-22. HP, 211 figure 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0395014, 5,380,139, 4,678,390, and 4,492,504 all disclose claimed and unclaimed aspects of applicant’s invention.
US 2026/0159323, 2026/0159319, 2026/0159321, and 2026/0159316 are related cases claiming similar inventions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 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 Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about 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.
TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/ Primary Examiner, Art Unit 3655
Prosecution Insights