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 Claims and Drawings in the Applicant’s Preliminary Amendment, filed on 12/11/24, have been entered.
According to the Amendments, claims 1-20 were pending. Claims 1-20 have been canceled. Claims 21-40 have been added. Thus, claims 21-40 are now pending.
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.
Claims 21-26 are rejected under § 102(a)(1) as being anticipated by US Pub. No. 2021/0139243 to Futch et al. (Futch). For claim 21, Futch discloses a sorting system (10) (see Figs. 5-7), comprising:
a first function sorting system comprising first function vehicles (18) traversing a first function platform (12) for transporting and depositing first function articles into first sort receptacle (20/34/40) (see ¶¶ [0042] & [0050] for providing a first series of interlocking platforms that together form a single surface on which transport vehicles may traverse during sorting operations);
a second function sorting system comprising second function vehicles (18) different from the first function vehicles traversing a second function platform (48) spaced apart from the first function platform for transporting and depositing second function articles different from the first function articles into second sort receptacles different from the first function sort receptacles (20/34/40) (see ¶¶ [0042] & [0050] for providing a second series of interlocking platforms that together form a single surface on which transport vehicles may traverse during sorting operations).
In regards to claim 22, Futch further discloses that an output of one of the first function sorting system and the second function sorting system is provided as an input to the other of the first function sorting system and the second function sorting system. See ¶¶ [0042-0043] (linking two or more platform assemblies together to create any configuration as desired).
In regards to claim 23, Futch further discloses that one of the first function platform and the second function platform is arranged above the other of the first function platform and the second function platform in a vertical stacked configuration. See Figs. 5-7.
In regards to claim 24, Futch further discloses that a total footprint occupied by the first function platform and the second function platform is equal to a footprint occupied by a larger of two platforms. See Figs. 5-7.
In regards to claim 25, Futch further discloses that a total footprint occupied by the first function platform and the second function platform is equal to the footprint occupied by one of the first function platform and the second function platform. See Figs. 5-7.
In regards to claim 26, Futch further discloses that one of the first function platform and the second function platform is configured for order consolidation, and the other of the first function platform and the second function platform is configured for consolidating for parcel sortation. See ¶ [0076] (packing a batch of orders for shipment through the use of the automated sorting system which is further configured to consolidate a large group of orders for delivery into a single large container).
Claim Rejections - 35 USC § 103
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.
Claims 28-31, 33-37, 39, and 40 are rejected under § 103 as being unpatentable over Futch, supra, in view of US Pub. No. 2018/0221244 to Joplin et al. (Joplin). In regards to claims 28 and 40, Futch discloses a system and method for use in directing a medication sorting operation, said system comprising:
a server (not shown) comprising a memory, a processor, and a prescription verification engine (see ¶ [0048] providing a control system comprising a processor and a memory with computer-readable instructions for performing the automated sorting method);
a plurality of prescription computer-controlled transport vehicles (18) traversing a first platform (12) for transporting and depositing prescription drug containers into prescription receptacles (¶ [0048]);
first and second prescription information acquisition devices (30) electronically coupled to the server (see ¶ [0045] for providing an imaging device or scanner for capturing data within article identifiers attached to articles);
wherein the system configured to:
acquire, by the first prescription information acquisition device, a first prescription information from a tag coupled to the prescription drug container (see ¶ [0062] for scanning the identifier on an article before or after the article is placed on the transport vehicle);
receive, at the server, the first prescription information acquired by the first prescription information acquisition device (see ¶ [0026] for determining identity of an article based on the article identifier captured by the imaging device or scanner);
determine, by the server, a prescription receptacle among a plurality of prescription receptacles for the prescription computer-controlled transport vehicle to transport and deposit the prescription drug container thereto based on the first prescription information;
acquire, by the second prescription information acquisition device, a second prescription information from the tag coupled to the prescription drug container (see ¶ [0062] for scanning the identifier on an article before or after the article is placed on the transport vehicle); and
receive, at the server, the second prescription information acquired by the second prescription information acquisition device (see ¶ [0026] for determining identity of an article based on the article identifier captured by the imaging device or scanner);
Although Futch does not explicitly disclose depositing containers into sort bins based on a comparison of article identifiers, such a feature is found in the prior art. In fact, Joplin teaches pharmaceutical order filling system comprising an order processing device configured to (1) compare, by the prescription verification engine, the first prescription information against the second prescription information and (2) direct, by the server, the prescription computer-controlled transport vehicle to deposit the prescription drug container into the prescription receptacle based on the comparison. See ¶¶ [0123-0124] (controlling pick-and-place operations of a robotic arm based on a comparison of the data read from the label of a container with the data read from the label of a pallet).
Thus, it would have been obvious at the time of filing to modify the system of Futch with the verification control feature of Joplin in order to improve quality control during order fulfillment by verifying the identity of articles before they are placed inside sorting bins.
In regards to claim 29, Joplin further discloses that the system further comprises a packing station (142) for consolidating a plurality of prescription drug containers received at the prescription receptacle into a package and adding an address information to the package. See ¶ [0062] (providing a packing device for packaging prescription orders in preparation for shipping).
In regards to claim 30, Futch further discloses that the system further comprises a plurality of package computer-controlled transport vehicles (18) traversing a second platform, wherein the system is further configured to: assign, by the server, a package receptacle among a plurality of package receptacles for a package computer-controlled transport vehicle to transport the package for deposition into the package receptacle. See ¶ [0007] (depositing under direction of a control system an article carried thereon into a container associated with a marker based on the location and the determined orientation of the marker).
In regards to claim 31, Joplin further discloses that the server is further configured to direct affixing of the address information to the package. See ¶ [0066] (labeling containers for shipment with the help of the control system).
In regards to claim 33, Futch further discloses that the system is further configured to: scan, by at least one of the first and second prescription information acquisition devices, a top region of the prescription computer-controlled transport vehicle to confirm that the prescription drug container has been deposited into the prescription receptacle. See ¶¶ [0075] & [0077] (using image device or scanner to track the location of items and containers throughout sorting system).
In regards to claim 34, Futch further discloses that the server is further configured to: receive, at the server, the first prescription information acquired by the first prescription information acquisition device before the prescription drug container is loaded onto the prescription computer-controlled transport vehicle. See ¶ [0064] (processing information contained in item identifiers captured by imaging device or scanner at the induction station of the sorting system).
In regards to claim 35, Futch further discloses that the server is further configured to: receive, at the server, the first prescription information acquired by the first prescription information acquisition device after the prescription drug container is loaded onto the prescription computer-controlled transport vehicle. See ¶¶ [0075] & [0077].
In regards to claim 36, Joplin further discloses that the first prescription information is compared against the second prescription information prior to the prescription drug container being deposited into the prescription receptacle. See ¶¶ [0123-0124] (controlling pick-and-place operations of a robotic arm based on a comparison of the data read from the label of a container with the data read from the label of a pallet).
In regards to claim 37, Futch further discloses that the server is further configured to associate an order with the prescription receptacle. See ¶ [0060] (associating containers with particular orders).
In regards to claim 39, Futch further discloses that one or more of: the first and second prescription information acquisition devices are fixed in position, and the second prescription information acquisition device is shared by the plurality of prescription receptacles. See Fig. 1 (showing imaging device/scanner in a fixed location).
Allowable Subject Matter
Claims 27, 32, and 38 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
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2022/0296474 to Calvin discloses a medication dispensing system includes an automated dispensing device that includes cells with electronically activated locks. The device is configured to detect when medication counts in the cells fall below predetermined thresholds. The system further includes a plurality of first electronic devices that are associated with some of the cells and that have imagers. In response to any of the medication counts in the cells being below the predetermined threshold, the automated dispensing device is configured to automatically send a replenishment needed notification to the first electronic device associated with the cell. That first electronic device is configured to transmit a picture of a medication to a second electronic device. In response to a positive verification by a user of the second electronic device that the medication in the picture is the correct medication, the second electronic device is configured to transmit an unlock signal to the automated dispensing device.
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 on 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 at (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