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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites “the predetermined threshold if the first storage container has not been sent out of the port by a second storage container”. It is unclear what exactly is meant by this entire recitation. How can the second storage container send out a first storage container? It is also not apparent what Applicant intended the recitation to mean when reading the specification.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 28 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 28 recites “A computer program product” which is akin to software or data per se or a computer program per se and does not constitute a process, machine or manufacture or composition of matter as defined by the 101 statute. In order to overcome this 101 it is advised to amend the claim (and subsequently the specification) to recite “A non-transitory computer readable medium having stored therein a computer program product comprising computer instructions executed by a processor to perform the method according to claim 15.” See MPEP 2106.03 for more information regarding 101 and the four categories of invention.
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.
Claim(s) 15, 19-26, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Korge-Harajuvet et al. (USpgpub 20220227582), hereinafter abbreviated to KH, in view of DeJarnette et al. (USpgpub 20190310646), hereinafter abbreviated to DJ.
Regarding claim 15, Korge-Harajuvet discloses a method for controlling movement of containers in an automated storage and retrieval system comprising a framework structure (fig.1, 100) forming a three-dimensional storage grid structure for storing storage containers for storing items, where the framework structure forms vertical storage columns each having a horizontal area defined by a size of an access opening of the vertical storage columns (seen in fig.1) and where the framework structure comprises a rail system (fig.1 and fig.2, show the rail system upon which the handling vehicles operate) arranged above the vertical storage columns, the rail system comprising a plurality of rails extending in an X-direction and a plurality of rails extending in a Y-direction to form a grid (seen in fig.1), the plurality of rails defining a perimeter of each access opening on top of each storage column (evident in fig.1), the rail system providing available routes in the X-direction or the Y-direction for container handling vehicles handling and transferring the storage containers to and from the vertical storage columns (as can be seen the robots could travel along the routes in the x/y directions), and a central computer system (¶ 18 ), the storage grid structure further comprising a port column (fig.1, 119, 120; ¶ 0011) which comprises a port where the container handling vehicles can drop off and/or pick up the storage containers so that the storage containers can be transported to an access station for picking (¶ 0011), wherein the method comprises: using one of the container handling vehicles to pick up a first storage container from a temperature controlled or atmospherically controlled zone in the automated storage and retrieval system (¶ 0066 or 0069; discuss how products could be handled from temperature controlled environments); transporting the first storage container from the temperature controlled or atmospherically controlled zone for picking (¶ 0011 applies to this type of product as well).
Despite KH discussing the importance of prioritizing containers associated with the temperature control environment so as to reduce the wait time of these container to be picked, KH fails to explicitly disclose the steps of setting a timer running to monitor an elapsed time; comparing the elapsed time to a predetermined threshold; and when the elapsed time exceeds the predetermined threshold, retrieving the first storage container and transporting the first storage container back into the temperature controlled or atmospherically controlled zone.
DJ teaches the concept of handling temperature sensitive containers, thereby tackling the problem associated with time monitoring of these types of containers. DJ specifically teaches the concept by a method comprising the steps of setting a timer running to monitor an elapsed time; comparing the elapsed time to a predetermined threshold; and when the elapsed time exceeds the predetermined threshold, retrieving the first storage container and transporting the first storage container back into the temperature controlled or atmospherically controlled zone (¶ 0096, 0131, 0151 among other paragraphs discuss how a timer is set to monitor the elapsed time or dwell time of the cart, said time being compared to a threshold and should the threshold be exceeded, returning the container back to the temperature controlled zone).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in KH to make use of the additional time monitoring steps taught/suggested in DJ in order to provide the predictable result of further enhancing the safety of the containers with temperature sensitive goods. Not only would these containers be prioritized by there would be a safety protocol in place to return them to the temperature zone should the priority system fail or exceeds time limits.
Regarding claim 19, DJ taught the method of claim 15, wherein the timer is set running when the first storage container leaves the temperature controlled or atmospherically-controlled zone, such that the elapsed time corresponds to a time that the first storage container has been outside of the atmospherically-controlled zone (as discussed in DJ, once the container leaves the temperature controlled area, a dwell or elapsed time is started).
Regarding claim 20, KH reads on the method of claim 15, further comprising removing a second storage container from the port to allow the first storage container access to the port (¶ 0066 KH describes rearranging of the goods/containers depending on their priority and thus would read on removing one container for another to prioritize said goods).
Regarding claim 21, KH discloses the method of claim 15, further comprising rearranging a queue of storage containers to be picked at the port in order to allow the first storage container to be picked before other storage containers which need not be stored in the temperature controlled or atmospherically- controlled zone (¶ 0066 KH describes rearranging of the goods/containers depending on their priority).
Regarding claim 22, KH reads on the method of claim 15, further comprising rearranging a queue of storage containers to be collected from the port in order to allow the first storage container to be retrieved before other storage containers which need not be stored in the temperature controlled or atmospherically-controlled zone (¶ 0066 KH describes rearranging of the goods/containers depending on their priority and thus would read on removing one container for another to prioritize said goods).
Regarding claim 23, an automated storage and retrieval system comprising a framework structure (fig.1, 100) forming a three-dimensional storage grid structure for storing storage containers for storing items, where the framework structure forms vertical storage columns each having a horizontal area defined by a size of an access opening of the vertical storage columns (seen in fig.1) and where the framework structure comprises a rail system (fig.1 and fig.2, show the rail system upon which the handling vehicles operate) arranged above the vertical storage columns, the rail system comprising a plurality of rails extending in an X-direction and a plurality of rails extending in a Y-direction to form a grid (seen in fig.1), the plurality of rails defining a perimeter of each access opening on top of each storage column (evident in fig.1), the rail system providing available routes in the X-direction or the Y-direction for container handling vehicles handling and transferring the storage containers to and from the vertical storage columns (as can be seen the robots could travel along the routes in the x/y directions), and a central computer system (¶ 18 ), the storage grid structure further comprising a port column (fig.1, 119, 120; ¶ 0011) which comprises a port where the container handling vehicles can drop off and/or pick up the storage containers so that the storage containers can be transported to an access station for picking (¶ 0011), wherein the method comprises: using one of the container handling vehicles to pick up a first storage container from a temperature controlled or atmospherically controlled zone in the automated storage and retrieval system (¶ 0066 or 0069; discuss how products could be handled from temperature controlled environments); transporting the first storage container from the temperature controlled or atmospherically controlled zone for picking (¶ 0011 applies to this type of product as well).
Despite KH discussing the importance of prioritizing containers associated with the temperature control environment so as to reduce the wait time of these container to be picked, KH fails to explicitly disclose the steps of setting a timer running to monitor an elapsed time; comparing the elapsed time to a predetermined threshold; and when the elapsed time exceeds the predetermined threshold, retrieving the first storage container and transporting the first storage container back into the temperature controlled or atmospherically controlled zone.
DJ teaches the concept of handling temperature sensitive containers, thereby tackling the problem associated with time monitoring of these types of containers. DJ specifically teaches the concept by a method comprising the steps of setting a timer running to monitor an elapsed time; comparing the elapsed time to a predetermined threshold; and when the elapsed time exceeds the predetermined threshold, retrieving the first storage container and transporting the first storage container via a second handling vehicle (note the term second is simply being treated as nomenclature and thus could be the same vehicle) back into the temperature controlled or atmospherically controlled zone (¶ 0096, 0131, 0151 among other paragraphs discuss how a timer is set to monitor the elapsed time or dwell time of the cart, said time being compared to a threshold and should the threshold be exceeded, returning the container back to the temperature controlled zone).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in KH to make use of the additional time monitoring steps taught/suggested in DJ in order to provide the predictable result of further enhancing the safety of the containers with temperature sensitive goods. Not only would these containers be prioritized by there would be a safety protocol in place to return them to the temperature zone should the priority system fail or exceeds time limits.
Regarding claim 24, KH discloses the automated storage and retrieval system of claim 23, wherein the first storage container contains items that need to be stored in the atmospherically-controlled zone (the container could have temperature sensitive items).
Regarding claim 25, KH reads on the automated storage and retrieval system of claim 23, wherein the central computer is configured to rearrange a queue of storage containers going to or leaving the port, to minimize an amount of time in which storage containers which contain items that need to be stored in a particular atmospheric condition spend outside of the atmospherically controlled zone (¶ 0066 KH describes rearranging of the goods/containers depending on their priority and thus would read on removing one container for another to prioritize said goods). .
Regarding claim 26, KH reads on the automated storage and retrieval system of claim 23, wherein the central computer system is configured to prioritize tasks containing items that need to be stored in a controlled atmospheric condition higher than other tasks containing items that can be stored in ordinary climate (¶ 0066 KH describes rearranging of the goods/containers depending on their priority and thus would read on removing one container for another to prioritize said goods).
Regarding claim 28, KH in view of DJ read on a computer program product including instructions that, when executed by a computer, cause the computer to perform the method according to claim 15 (see rejection of claim 15 above).
Allowable Subject Matter
Claims 17, 18, 27 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art contains other analogous systems related to temperature controlled environments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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, John Olszewski can be reached at 571-272-2706. 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.
/THOMAS C DIAZ/ Primary Examiner, Art Unit 3617
Prosecution Insights