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 .
This Office Action is in response to the applicant’s amendment filing on 07/07/2026.
Claims 13 and 19 are withdrawn for being drawn to non-elected species. Claims 1-12, 14-18, and 20 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Species 1, the embodiment shown in Figure 1, and Sub-Species A, the embodiment shown in Figure 1, in the reply filed on 03/24/2026 is acknowledged.
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 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Bastian, II et al. (8,276,739)(referred Bastian).
Regarding claim 15, Bastian disclose a method comprising the steps of:
moving a surface (124) or receptacle to a position associated with item retrieval; and
monitoring one or more pickup zones,
providing, to an actuator (1202), a control signal to move the surface (124) or receptacle,
wherein the control signal increases or decreases the speed at which the surface (124) or receptacle is moved based on an output signal from a plurality of sensors (col 16 ln 52) monitoring the one or more pickup zones
(Figure 18 and Column 14 lines 43-17, Column 16 lines 11-17, 49-53)
In column 16 lines 49-53, Bastian discloses the surface (124) is moved so that the next item to be picked up is conveyed to the pickup position. The sensors are disclosed to confirm a number of items, i.e. the next item to be picked up, is in the pickup position. Therefore, the actuator is interpreted to increase the speed of the surface when the sensor doesn’t detect the number of items, and the actuator is interpreted to decrease and stop the speed of the surface when the sensor does detect the number of items.
Regarding claim 16, Bastian disclose an output from the plurality of sensors (col 16 ln 52) is based on computer vision, weight sensor, and/or radio frequency. (Column 16 lines 49-53)
Regarding claim 17, Bastian disclose the control signal slows down, stops, or increases the surface of a conveyor belt. (Bastian – Column 5 lines 61-67, Column 16 lines 11-17, 49-53)
Regarding claim 18, Bastian disclose the control signal causes a notification to slow down and stop a rate at which items are provided to the surface (124) or receptable to be provided. (Bastian – Column 18 lines 11-20)
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 1-6, 9-12, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over reference Bastian, II et al. (8,276,739)(referred Bastian) in view of reference Neiser (9,481,518).
Regarding claim 1, Bastian disclose a system (1800) comprising:
an actuator (1202) configured to move a surface (124) or receptacle to a position associated with item retrieval; and
a plurality of sensor (col 16 ln 52) configured to monitor one or more pickup zones,
wherein the actuator (1202) is configured to increase or decrease the speed at which items (120) are provided to the one or more pickup zones based on an output signal from the plurality of sensors (col 16 ln 52).
(Figure 18 and Column 14 lines 43-17, Column 16 lines 11-17, 49-53)
In column 16 lines 49-53, Bastian discloses the surface (124) is moved so that the next item to be picked up is conveyed to the pickup position. The sensors are disclosed to confirm a number of items, i.e. the next item to be picked up, is in the pickup position. Therefore, the actuator is interpreted to increase the speed of the surface when the sensor doesn’t detect the number of items, and the actuator is interpreted to decrease and stop the speed of the surface when the sensor does detect the number of items.
Bastian discloses the process of picking and processing orders is automatic and the sensors provide information of the condition of the system. This implies the system has a device that is configured to receive information from the sensor and provide commands to the other parts of the system based on said information. However, Bastian does not explicitly disclose a processor coupled to the actuator and the plurality of sensors.
Neiser discloses a system (100) comprising: a conveyance structure (114); and a processor (120), wherein the processor (120) is configured to provide a control signal to the conveyance structure (114). (Figure 1 and Column 3 lines 19-23, Column 4 lines 27-39, 45-53)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, in order for the system of Bastian to operate automatically and based on the function of the sensors, the system must have a processor configured to provide a control signal to the actuator based on an output from the plurality of sensors.
Regarding claim 2, Bastian modified by Neiser disclose an output from the plurality of sensors (Bastian – col 16 ln 52) is based on computer vision, weight sensor, and/or radio frequency. (Bastian – Column 16 lines 49-53)
Regarding claim 3, Bastian modified by Neiser disclose a controller (Bastian – col 7 ln 37) associated with a robotic retrieval device (Bastian – 416). (Bastian – Column 7 lines 36-38)
Regarding claim 4, Bastian modified by Neiser disclose robotic retrieval device (Bastian – 416) includes a robotic arm (Bastian – 506) to retrieve one or more items (Bastian – 120) from the one or more pick-up zones and to place the one or more items (Bastian – 120) in a receptable (Bastian – 118). (Bastian – Column 7 lines 44-47, Column 14 lines 53-54, 59-62)
Regarding claim 5, Bastian modified by Neiser disclose the robotic arm (Bastian – 506) includes a gripper (Bastian – 508) having a plurality of digits. (Bastian – Column 7 lines 44-52)
Regarding claim 6, Bastian modified by Neiser disclose the robotic arm (Bastian – 506) uses suction, friction, electrostatic force, or magnetic force to pick up items (Bastian – 120). (Bastian – Column 7 lines 44-50)
Regarding claim 9, Bastian disclose the surface (124) are moved so that the next item to be picked up is conveyed to the pickup position. The sensors are disclosed to confirm the next item to be picked up is in the pickup position. (Column 16 lines 49-53)
Therefore, Bastian modified by Neiser is interpreted to disclose the control signal slows down and stop the speed of the surface when the sensor does detect the item.
Regarding claim 10, Bastian modified by Neiser disclose the surface is a conveyor belt. (Bastian – Column 5 lines 61-67)
Regarding claim 11, Bastian modified by Neiser disclose the control signal causes a notification to slow down and stop a rate at which items are provided to the surface (Bastian – 124) or receptable to be provided. (Bastian – Column 18 lines 11-20)
Regarding claim 12, Bastian disclose the surface (124) are moved so that the next item to be picked up is conveyed to the pickup position. The sensors are disclosed to confirm a number of items, i.e. the next item to be picked up, is in the pickup position. (Column 16 lines 49-53)
Therefore, Bastian modified by Neiser is interpreted to disclose the control signal increases the speed of the surface when the sensor doesn’t detect the item.
Regarding claim 14, Bastian modified by Neiser disclose the items (Bastian – 120) to be included in the receptable (Bastian – 118) are determined based on data associated with an invoice, an order, a part list, and/or a pack list. (Bastian – Column 5 lines 25-29)
Regarding claim 20, Bastian disclose a system (1800) configured to:
move a surface (124) or receptacle to a position associated with item retrieval; and
monitor one or more pickup zones,
provide, to an actuator (1202), a control signal to move the surface (124) or receptacle,
wherein the control signal increases or decreases the speed at which the surface (124) or receptacle is moved based on an output signal from a plurality of sensors (col 16 ln 52) monitoring the one or more pickup zones
(Figure 18 and Column 14 lines 43-17, Column 16 lines 11-17, 49-53)
In column 16 lines 49-53, Bastian disclose the surface (124) is moved so that the next item to be picked up is conveyed to the pickup position. The sensors are disclosed to confirm a number of items, i.e. the next item to be picked up, is in the pickup position. Therefore, the actuator is interpreted to increase the speed of the surface when the sensor doesn’t detect the number of items, and the actuator is interpreted to decrease and stop the speed of the surface when the sensor does detect the number of items.
Bastian discloses the process of picking and processing orders is automatic and the sensors provide information of the condition of the system. This implies the system has a device that is configured to receive information from the sensor and provide commands to the other parts of the system based on said information. However, Bastian do not explicitly disclose a processor coupled to the actuator and the plurality of sensors.
Neiser discloses a system (100) comprising: a conveyance structure (114); and a processor (120), wherein the processor (120) is configured to execute instruction to affect a result in the system. (Figure 1 and Column 3 lines 19-23, Column 4 lines 27-39, 45-53)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, in order for the system of Bastian to operate automatically and based on the function of the sensors, the system must have computer instructions that instruct a processor to operate the system.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over reference Bastian, II et al. (8,276,739)(referred Bastian) in view of reference Neiser (9,481,518) as applied to claim 4 above, and further in view of reference Kim et al. (9,782,902).
Regarding claim 7, Bastian modified by Neiser disclose the claimed invention as stated above, but do not disclose the gripper is interchangeable.
Kim et al. disclose a gripper (1) that is replaceable or changeable depending on attributes of objects that the gripper will engage. (Column 10 lines 65-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the gripper of Bastian by incorporating the interchangeable gripper as taught by Kim et al., since column 10 liens 62-64 of Kim et al. would allow the gripper to have a various shapes and pieces.
Regarding claim 8, Bastian modified by Neiser and Kim et al. disclose the attributes of the item include weight, fragility, compressibility, rigidity, size, and/or shape. (Kim et al. – Column 10 lines 65-67)
Response to Arguments
The Amendments filed on 07/07/2026 have been entered. Claims 13 and 19 are withdrawn for being drawn to non-elected species. Claims 1-12, 14-18, and 20 are pending in the application.
In response to the arguments of the objections towards the drawings, in view of the arguments, Examiner withdraws the drawing objections.
In response to the arguments of the objections towards the claims, in view of the amendments to the claims, Examiner withdraws the claim objections.
In response to the arguments of the rejections under 35 U.S.C. 102(a)(1) with reference Bastian, II et al. (8,276,739), Examiner finds the arguments not persuasive.
Applicant states:
However, Bastion II is silent regarding the limitation of the “control signal increases or decreases a speed at which the surface or receptable is moved based on a number of items detected by a plurality of sensors monitoring the one or more pickup zones.”
It should be pointed out that column 4 lines 2-16 of Bastian, II et al. do not pertain to the conveyors with the items to be pickup. The section pertains to a pickup system that is vertically movable between two storage racks. The pickup process is disclosed to be faster because the pickup system can simultaneously receive items from both storage racks.
In column 16 lines 49-53, Bastian, II et al. disclose, after the previous item has been removed from the pickup position, the surface (124) is moved so that the next item to be picked up is conveyed to the pickup position. Bastian, II et al. also disclose sensors that confirm a number of items, i.e. the next item to be picked up, is in the pickup position. Therefore, since Bastian, II et al. disclose a conveyor that increases or decreases the speed of the surface based on the presents or absence of items in the pickup position, the actuator is interpreted to increase the speed of the surface when the sensor doesn’t detect the number of items, and the actuator is interpreted to decrease and stop the speed of the surface when the sensor does detect the number of items.
In response to the arguments of the rejections under 35 U.S.C. reference Bastian, II et al. (8,276,739) modified by reference Neiser (9,481,518), Examiner finds the arguments not persuasive.
Applicant states:
The remaining claims stand rejected under 35 U.S.C. §103 based on Bastian II as combined with one or more other references.
In column 16 lines 49-53, Bastian, II et al. disclose, after the previous item has been removed from the pickup position, the surface (124) is moved so that the next item to be picked up is conveyed to the pickup position. Bastian, II et al. also disclose sensors that confirm a number of items, i.e. the next item to be picked up, is in the pickup position. Therefore, since Bastian, II et al. disclose a conveyor that increases or decreases the speed of the surface based on the presents or absence of items in the pickup position, the actuator is interpreted to increase the speed of the surface when the sensor doesn’t detect the number of items, and the actuator is interpreted to decrease and stop the speed of the surface when the sensor does detect the number of items.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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/PATRICK B FRY/Examiner, Art Unit 3731 September 18, 2026
/JOSHUA G KOTIS/Examiner, Art Unit 3731
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