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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17672081, filed on 24 March 2022 and 25 March 2022.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the sensing plate seen in claims 2, 9, 13, and 19 as well as the QR code seen in claims 1, 9, and 18-19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy 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.
Claim Objections
Claim 7 is objected to because of the following informalities:
Line 2, “the movement” should be amended to –a movement--. Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
Lines 8-9, “at least one of a sensing plate and a QR code” should be amended to –a sensing plate and QR code--. The amendment would allow for both the sensing plate and QR code being present in line 11. Appropriate correction is required.
Claims 9 and 19 are objected to because of the following informalities:
Line 1, “system comprising:” should be amended to –system, comprising:--. Appropriate correction is required.
Claim 19 is objected to because of the following informalities:
Lines 8-16, the limitations need to be indented underneath “wherein the storage queue comprises:”. Appropriate correction is required.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Cheong (KR 20190051408 A) in view of You (KR 101980045 B1) in further view of Ferenczi (WO 9900755 A1) and Elazary (US 20200277138 A1).
Regarding Claim 1:
Cheong discloses a storage queue (2, Figure 1, the gas container is the storage queue), comprising:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating a gas container (1, Figure 1); and
a tag reader (200, Figure 2, the scanner is the tag reader) configured to sense an identification tag (100, Figure 2) of the gas container (1, Figure 2).
Cheong does not disclose:
a frame providing an interior space for accommodating a gas container;
a base plate positioned within the interior space of the frame, configured to support the gas container, and the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted;
a gripper configured to hold the gas container placed on the base plate; and
a barcode reader configured to sense an identification tag of the gas container.
You teaches a gas cylinder coupling system, comprising:
a frame (71, Figure 3, the case is the frame) providing an interior space (Paragraph [0057]) for accommodating a gas container (9, Figure 3);
a base plate (2, Figure 3, the rotation support module is the base plate) positioned within the interior space of the frame (71, Figure 3), configured to support the gas container (Paragraph [0058]); and
a gripper (1, Figure 3, the clamp module is the gripper) configured to hold the gas container (Paragraph [0064]) placed on the base plate (2, Figure 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong to include a frame providing an interior space for accommodating a gas container, a base plate positioned within the interior space of the frame, configured to support the gas container, and a gripper configured to hold the gas container placed on the base plate as taught by You with the motivation to secure the container within the frame in the correct position.
Cheong and You do not teach:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted; and
a barcode reader configured to sense an identification tag of the gas container.
Ferenczi teaches an installation for monitoring gas cylinders, comprising:
a barcode reader (15, Figure 1) configured to sense an identification tag (9, Figure 1, the barcode label is the identification tag) of the gas container (3, Figure 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong and You to include a barcode reader configured to sense an identification tag of the gas container as taught by Ferenczi with the motivation to allow for better maintenance of the gas cylinders by providing data associated with the cylinders.
Cheong, Ferenczi, and You do not teach:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted.
Elazary teaches the operation of robots, comprising:
the base plate including a QR code that includes a position information on a mounting position in which the container is mounted (Paragraphs [0032] and [0038-0040], the identifier is a QR code located on the storage apparatus (base plate) that includes information about the storage location (position information) and the vertical height at the storage location (mounting information) of an object).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi and You to include the base plate including a QR code that includes a position information on a mounting position in which the container is mounted as taught by Elazary with the motivation to obtain the object with a robot to reduce workers retrieving objects slower that may cause a delay in the object being obtained.
Through the combination of Cheong, Ferenczi, You, and Elazary, the frame of Cheong would include the base plate of You in which the QR code will be on the base plate as seen in Elazary.
Regarding Claim 3:
Cheong discloses:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating a gas container (1, Figure 1).
Cheong, Ferenczi, and Elazary do not teach:
wherein the gripper is configured to perform a full-grip posture in which the first gripper is in close contact with the gas container and supports the gas container, an un-grip posture in which the first gripper is spaced apart from the gas container so as to allow the gas container to be detached from the first gripper, and a semi-grip posture in which the first gripper is spaced apart at a distance capable of preventing the gas container from falling.
You teaches:
wherein the gripper (1, Figure 3) is configured to perform a full-grip posture in which the first gripper is in close contact with the gas container and supports the gas container (Paragraphs [0142] and [0156], the gripper has both clamps in a full-grip posture to contact with the gas container to support the gas container),
an un-grip posture in which the first gripper (1, Figure 3) is spaced apart from the gas container so as to allow the gas container to be detached from the first gripper (Paragraph [0101-0102] and [0130-0131], the un-grip posture of the clamps allow for the container to be released when not in contact with the gas container), and
a semi-grip posture in which the first gripper is spaced apart at a distance capable of preventing the gas container from falling (Paragraph [0355], the semi-grip posture is when the first gripper has one clamp at a second set spacing or less of the cylinder and the other clamp is spaced apart from the container to prevent it from falling).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi and Elazary to include wherein the gripper is configured to perform a full-grip posture in which the first gripper is in close contact with the gas container and supports the gas container, an un-grip posture in which the first gripper is spaced apart from the gas container so as to allow the gas container to be detached from the first gripper, and a semi-grip posture in which the first gripper is spaced apart at a distance capable of preventing the gas container from falling as taught by You with the motivation to load and unload the gas cylinder from the cabinet to replace the gas cylinder.
Regarding Claim 4:
Cheong discloses:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating a gas container (1, Figure 1).
Cheong, Ferenczi, and Elazary do not teach:
wherein, when the gripper is in the semi-grip posture, the gripper is separated from the gas container by a distance of 5 mm to 30 mm.
You teaches:
wherein, when the gripper (1, Figure 3) is in the semi-grip posture, the gripper is separated from the gas container by a distance of 5 mm to 30 mm (Paragraph [0355], the semi-grip posture is when the first gripper has one clamp at a second set spacing or less of the cylinder).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi and Elazary to include when the gripper is in the semi-grip posture, the gripper is separated from the gas container by a distance of 5 mm to 30 mm as taught by You with the motivation to move the gas cylinder to the correct position within the cabinet to prevent improper alignment which could cause an improper coupling to the gas cylinder.
Cheong, Ferenczi, You and Elazary do not expressly teach:
the gripper is separated from the gas container by a distance of 5 mm to 30 mm.
Cheong, Ferenczi, You and Elazary discloses the claimed invention except for the gripper is separated from the gas container by a distance of 5 mm to 30 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the gripper is separated from the gas container by a distance of 5 mm to 30 mm when in the semi-grip posture, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 5:
Cheong discloses:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space).
Cheong, Ferenczi, and Elazary do not teach:
wherein the gripper includes a load detection sensor configured to detect whether the gas container is loaded.
You teaches:
wherein the gripper (1, Figure 3) includes a load detection sensor (14, Figure 6a) configured to detect whether the gas container is loaded (Paragraph [0151]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi, and Elazary to include the gripper includes a load detection sensor configured to detect whether the gas container is loaded as taught by You with the motivation to determine if the gas cylinder is in the right position to prevent a misalignment within the frame where the cylinder would not be secured.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cheong in view of You in further view of Ferenczi, Elazary, and Hwang (KR 20180065005 A).
Regarding Claim 2:
Cheong discloses:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating a gas container (1, Figure 1).
Cheong, Ferenczi, and You do not teach:
wherein the base plate includes a sensing plate that is detected by a distance sensor of a transfer robot transporting the gas container to the storage queue.
Elazary teaches:
the base plate includes a sensing plate (Paragraphs [0032] and [0038-0040], the identifier is a visual marker located on the storage apparatus (base plate)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi and You to include the base plate includes a sensing plate configured to detect whether the gas container is loaded as taught by Elazary with the motivation to properly locate the object within the warehouse.
Cheong, Ferenczi, Elazary and You do not teach:
wherein the base plate includes a sensing plate that is detected by a distance sensor of a transfer robot transporting the gas container to the storage queue.
Hwang teaches a cart for moving cylinders, comprising:
wherein the base plate includes a sensing plate (Paragraph [0063], the base plate is the bottom of the cabinet where the magnets are the sensing plate) that is detected by a distance sensor (530 and 540, Figure 8, the proximity sensor and potentiometer are the distance sensor) of a transfer robot (1, Figure 2) transporting the gas container (Paragraph [0027], the gas container is the cylinder) to the storage queue (C, Figure 9, the cabinet is the storage queue).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi, You and Elazary to include the base plate includes a sensing plate that is detected by a distance sensor of a transfer robot transporting the gas container to the storage queue as taught by Hwang with the motivation to prevent damage to both the cabinet and the cart if a collision were to occur.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cheong in view of You in further view of Ferenczi, Elazary, and Lee (KR 102132170 B1).
Regarding Claim 8:
Cheong discloses:
the frame has doors (Figures 1-2, the storage queue has a frame with doors that has an interior space).
Cheong, Ferenczi, You and Elazary do not teach:
further comprising a sliding door configured to open and close the interior space of the frame.
Lee teaches a gas supply apparatus, comprising:
further comprising a sliding door (30a and 30b, the first and second opening doors are the sliding door) configured to open and close the interior space (Paragraphs [0040] and [0042], the doors open and close the interior space) of the frame (3, Figure 3, the cabinet is the frame).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Cheong, Ferenczi, You and Elazary to include a sliding door configured to open and close the interior space of the frame as taught by Lee with the motivation to maximize the space within the facility by not needing to open and close the doors with a hinge connection.
Allowable Subject Matter
Claims 6-7 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest pieces of prior art are Cheong (KR 20190051408 A) in view of You (KR 101980045 B1) in further view of Ferenczi (WO 9900755 A1) and Elazary (US 20200277138 A1).
Regarding Claim 6:
Claim 6 depends from claim 1 where Cheong, You, Ferenczi and Elazary teach the storage queue.
Claim 6 requires the limitations “an actuator configured to move the barcode reader within the frame” and “the barcode reader is configured to sense the identification tag of the gas container while moving within the frame”. The limitations are not taught by the prior art of record. If any additional reference were to be found it would further modify the barcode reader of Ferenczi and the scanner of Cheong where it would lead to hindsight. The limitations in lines 1-4 of claim 6 in view of all other limitations of claim 1 are viewed as allowable.
Regarding Claim 7:
Claim 7 depends from claim 1 where Cheong, You, Ferenczi and Elazary teach the storage queue.
Claim 7 requires the limitation “proximity sensors configured to detect the movement of the barcode reader”. The limitation is not taught by the prior art of record. If any additional reference were to be found it would further modify the barcode reader of Ferenczi and the scanner of Cheong where it would lead to hindsight. The limitation in lines 1-2 of claim 7 in view of all other limitations of claim 1 are viewed as allowable.
The closest pieces of prior art are Cheong (KR 20190051408 A) in view of You (KR 101980045 B1) in further view of Ferenczi (WO 9900755 A1), Elazary (US 20200277138 A1), Choi (WO 2020175739 A1), and Rohrberg (US 5794645 A).
Regarding Claim 9:
Cheong discloses a storage queue (2, Figure 1, the gas container is the storage queue), comprising:
a storage queue (2, Figure 1) for temporarily storing the gas container (1, Figure 1);
wherein the storage queue (2, Figure 1) comprises a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating the gas container (1, Figure 1); and
a tag reader (200, Figure 2, the scanner is the tag reader) configured to sense an identification tag (100, Figure 2) of the gas container (1, Figure 2).
You teaches a gas cylinder coupling system, comprising:
a frame (71, Figure 3, the case is the frame) providing an interior space (Paragraph [0057]) for accommodating a gas container (9, Figure 3), a base plate (2, Figure 3, the rotation support module is the base plate) positioned within the interior space of the frame (71, Figure 3), configured to support the gas container (Paragraph [0058]), a first gripper (1, Figure 3, the clamp module is the gripper) configured to hold the gas container (Paragraph [0064]) placed on the base plate (2, Figure 3).
Ferenczi teaches an installation for monitoring gas cylinders, comprising:
a barcode reader (15, Figure 1) configured to sense an identification tag (9, Figure 1, the barcode label is the identification tag) of the gas container (3, Figure 1).
Elazary teaches the operation of robots, comprising:
the base plate including at least one of a sensing plate and a QR code that includes a position information on a mounting position in which the container is mounted (Paragraphs [0032] and [0038-0040], the identifier is a QR code located on the storage apparatus (base plate) that includes information about the storage location (position information) and the vertical height at the storage location (mounting information) of an object)), and
wherein the sensing plate (Paragraphs [0032] and [0038-0040], the identifier is a visual marker located on the storage apparatus (base plate)) and the QR code (Paragraphs [0032] and [0038-0040]) are positioned to be physically detected by a transfer robot (110-2, Figure 2).
Choi teaches a method for semi-automatically replacing high-pressure gas cylinders, comprising:
a cabinet stage including a gas supply cabinet (100, Figure 2) configured to supply gas from the gas container (201, Figure 2) to a gas-consuming facility (Paragraphs [0001] and [0047], the gas-consuming facility (semiconductor FAB facility) receives gas through the gas supply pipe).
Rohrberg teaches a method for supplying industrial gasses, comprising:
A gas supply system (Figure 17, the gas supply system is the receiving areas, clean areas, and the clean room) comprising:
a loading/unloading stage where a gas container is provided (Column 5, Lines 65-66, the loading/unloading stage is the loading dock where gas containers are provided);
a buffer stage (Clean Area No. 1, Figure 17); and
a cabinet stage (Clean Area No. 2, Figure 17).
Through the combination of Cheong, Ferenczi, You, Choi, Rohrberg and Elazary, the frame of Cheong would include the base plate of You in which the QR code will be on the base plate as seen in Elazary.
The prior art fails to disclose or make obvious:
wherein the sensing plate and the QR code are positioned to be physically detected by a transport robot transporting the gas container to the storage que.
The limitation seen in lines 11-12 are not taught by the prior art of record. Another reference is needed to teach the limitation where it would lead into hindsight to teach the limitation as it would further modify the transfer robot of Elazary.
Claims 10-18 are considered allowable as being dependent on claim 9.
The closest pieces of prior art are Cheong (KR 20190051408 A) in view of You (KR 101980045 B1) in further view of Ferenczi (WO 9900755 A1), Elazary (US 20200277138 A1), Choi (WO 2020175739 A1), Rohrberg (US 5794645 A), Lee (KR 102132170 B1) and Hwang (KR 20180065005 A).
Regarding Claim 19:
Cheong discloses a storage queue (2, Figure 1, the gas container is the storage queue), comprising:
a storage queue (2, Figure 1) for temporarily storing the gas container (1, Figure 1);
wherein the storage queue (2, Figure 1) comprises
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating the gas container (1, Figure 1); and
a tag reader (200, Figure 2, the scanner is the tag reader) configured to sense an identification tag (100, Figure 2) of the gas container (1, Figure 2).
You teaches a gas cylinder coupling system, comprising:
a frame (71, Figure 3, the case is the frame) providing an interior space (Paragraph [0057]) for accommodating a gas container (9, Figure 3);
a base plate (2, Figure 3, the rotation support module is the base plate) positioned within the interior space of the frame (71, Figure 3), configured to support the gas container (Paragraph [0058]); and
a first gripper (1, Figure 3, the clamp module is the gripper) configured to grip the gas container (Paragraph [0064]) mounted on the base plate (2, Figure 3).
Ferenczi teaches an installation for monitoring gas cylinders, comprising:
a barcode reader (15, Figure 1) configured to sense an identification tag (9, Figure 1, the barcode label is the identification tag) of the gas container (3, Figure 1).
Elazary teaches the operation of robots, comprising:
the base plate including a sensing plate (Paragraphs [0032] and [0038-0040], the identifier is a visual marker located on the storage apparatus (base plate)) and a QR code, wherein the QR code includes a position information on a mounting position in which the container is mounted (Paragraphs [0032] and [0038-0040], the identifier is a QR code located on the storage apparatus (base plate) that includes information about the storage location (position information) and the vertical height at the storage location (mounting information) of an object)); and
wherein the transfer robot (110-2, Figure 2) includes a QR reader configured to read the QR code of the base plate (Paragraphs [0032] and [0038-0040]).
Choi teaches a method for semi-automatically replacing high-pressure gas cylinders, comprising:
a gas supply stage comprising a gas supply cabinet (100, Figure 2) configured to supply gas from the gas container (201, Figure 2) to a gas-consuming facility (Paragraphs [0001] and [0047], the gas-consuming facility (semiconductor FAB facility) receives gas through the gas supply pipe).
Rohrberg teaches a method for supplying industrial gasses, comprising:
A gas supply system (Figure 17, the gas supply system is the receiving areas, clean areas, and the clean room) comprising:
a loading/unloading stage where a gas container is provided (Column 5, Lines 65-66, the loading/unloading stage is the loading dock where gas containers are provided); and
a gas supply stage (Clean Area No. 1 and Clean Area No. 2, Figure 17).
Lee teaches a gas supply apparatus, comprising:
further comprising a sliding door (30a and 30b, the first and second opening doors are the sliding door) configured to open and close the interior space (Paragraphs [0040] and [0042], the doors open and close the interior space) of the frame (3, Figure 3, the cabinet is the frame).
Hwang teaches a cart for moving cylinders, comprising:
a transfer robot (1, Figure 2) configured to transport the gas container (Paragraph [0027]); and
a distance sensor (530 and 540, Figure 8, the proximity sensor and potentiometer are the distance sensor) configured to detect the sensing plate (Paragraph [0063], the base plate is the bottom of the cabinet where the magnets are the sensing plate) of the base plate.
Through the combination of Cheong, Ferenczi, You, Choi, Lee, Hwang, Rohrberg and Elazary, the frame of Cheong would include the base plate of You in which the QR code will be on the base plate as seen in Elazary.
The prior art fails to disclose or make obvious:
wherein the transfer robot is configured to transport the gas container introduced from the loading/unloading stage to the storage queue or the gas supply cabinet and to transport an emptied gas container from the gas supply cabinet to the storage queue or the loading/unloading stage.
The limitation seen in lines 21-20 are not taught by the prior art of record. Another reference is needed to teach the limitation where it would lead into hindsight to teach the limitation as it would further modify the transfer robot of Elazary and Hwang.
Claim 20 is allowable to as being dependent on claim 19.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12214491 B1 in view of Cheong (KR 20190051408 A) in further view of You (KR 101980045 B1), Ferenczi (WO 9900755 A1) and Elazary (US 20200277138 A1).
U.S. Patent No. 12214491 B1 discloses a gas supply system, comprising:
a storage queue.
U.S. Patent No. 12214491 B1 does not disclose:
a frame providing an interior space for accommodating a gas container;
a base plate positioned within the interior space of the frame, configured to support the gas container, and the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted;
a gripper configured to hold the gas container placed on the base plate; and
a barcode reader configured to sense an identification tag of the gas container.
Cheong teaches a storage queue (2, Figure 1, the gas container is the storage queue), comprising:
a frame providing an interior space (Figures 1-2, the storage queue has a frame with doors that has an interior space) for accommodating a gas container (1, Figure 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1 to include a frame providing an interior space for accommodating a gas container as taught by Cheong with the motivation to store and record information about the gas containers in a secure location when the gas containers are not in use.
U.S. Patent No. 12214491 B1 and Cheong do not teach:
a frame providing an interior space for accommodating a gas container;
a base plate positioned within the interior space of the frame, configured to support the gas container, and the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted;
a gripper configured to hold the gas container placed on the base plate; and
a barcode reader configured to sense an identification tag of the gas container.
You teaches a gas cylinder coupling system, comprising:
a frame (71, Figure 3, the case is the frame) providing an interior space (Paragraph [0057]) for accommodating a gas container (9, Figure 3);
a base plate (2, Figure 3, the rotation support module is the base plate) positioned within the interior space of the frame (71, Figure 3), configured to support the gas container (Paragraph [0058]); and
a gripper (1, Figure 3, the clamp module is the gripper) configured to hold the gas container (Paragraph [0064]) placed on the base plate (2, Figure 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1 and Cheong to include a frame providing an interior space for accommodating a gas container, a base plate positioned within the interior space of the frame, configured to support the gas container, and a gripper configured to hold the gas container placed on the base plate as taught by You with the motivation to secure the container within the frame in the correct position.
U.S. Patent No. 12214491 B1 , Cheong and You do not teach:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted; and
a barcode reader configured to sense an identification tag of the gas container.
Ferenczi teaches an installation for monitoring gas cylinders, comprising:
a barcode reader (15, Figure 1) configured to sense an identification tag (9, Figure 1, the barcode label is the identification tag) of the gas container (3, Figure 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1, Cheong and You to include a barcode reader configured to sense an identification tag of the gas container as taught by Ferenczi with the motivation to allow for better maintenance of the gas cylinders by providing data associated with the cylinders.
U.S. Patent No. 12214491 B1, Cheong, Ferenczi, and You do not teach:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted.
Elazary teaches the operation of robots, comprising:
the base plate including a QR code that includes a position information on a mounting position in which the container is mounted (Paragraphs [0032] and [0038-0040], the identifier is a QR code located on the storage apparatus (base plate) that includes information about the storage location (position information) and the vertical height at the storage location (mounting information) of an object).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1, Cheong, Ferenczi and You to include the base plate including a QR code that includes a position information on a mounting position in which the container is mounted as taught by Elazary with the motivation to obtain the object with a robot to reduce workers retrieving objects slower that may cause a delay in the object being obtained.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12214491 B1 in view of Ferenczi (WO 9900755 A1) and Elazary (US 20200277138 A1).
U.S. Patent No. 12214491 B1 discloses a gas supply system, comprising:
a storage queue, a frame having an interior space for accommodating a gas container, a base plate (the third base plate in claim 6) positioned within the interior space of the frame, the base plate configured to support the gas container, a gripper (the third gripper in claim 6) configured to hold the gas container placed on the base plate, and a barcode reader configured to sense an identification tag of the gas container.
U.S. Patent No. 12214491 B1 does not disclose:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted; and
a barcode reader configured to sense an identification tag of the gas container.
Ferenczi teaches an installation for monitoring gas cylinders, comprising:
a barcode reader (15, Figure 1) configured to sense an identification tag (9, Figure 1, the barcode label is the identification tag) of the gas container (3, Figure 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1 to include a barcode reader configured to sense an identification tag of the gas container as taught by Ferenczi with the motivation to allow for better maintenance of the gas cylinders by providing data associated with the cylinders.
U.S. Patent No. 12214491 B1 and Ferenczi do not teach:
the base plate including a QR code that includes a position information on a mounting position in which the gas container is mounted.
Elazary teaches the operation of robots, comprising:
the base plate including a QR code that includes a position information on a mounting position in which the container is mounted (Paragraphs [0032] and [0038-0040], the identifier is a QR code located on the storage apparatus (base plate) that includes information about the storage location (position information) and the vertical height at the storage location (mounting information) of an object).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 12214491 B1 and Ferenczi to include the base plate including a QR code that includes a position information on a mounting position in which the container is mounted as taught by Elazary with the motivation to obtain the object with a robot to reduce workers retrieving objects slower that may cause a delay in the object being obtained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 12325120 B2) teaches a gas cylinder transfer apparatus comprising a transfer robot, second grippers, a gas cylinder, a QR code, a base plate, a storage queue, and a moveable barcode reader.
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/STEPHANIE A SHRIEVES/Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753