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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 claimed, "optical sensor having a field of view covering at least a portion if the item", "software module operably coupled to the item Tilter " 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18, 22-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites,
“(ii) obtain data, from a database, corresponding to a second orientation corresponding to the object,
(iii) instruct the item tilter to re-orient the object to the second orientation while the object is on the planar surface of the item tilter, and
(iv) after the object is re-oriented to the second orientation instruct the robotic handler to move the object from the item tilter to a destination container.”
Applicant’s specification recites,
[sec 0028], “….database provides a desired orientation for an object provided at the product loading station….”.
[sec 0020], “In some embodiments, an item manipulation system includes a device or
apparatus for re-orientation of items or objects. The device for re-orienting an object or item may be referred to herein as an item tilter. In some embodiments, an item tilter is used in conjunction with one or more robotic arms. The item tilter may reorient an object, such that it can be properly handled by a robotic arm. In some embodiments, an item tilter is provided to properly orient an object prior to placement within a container or box. The item tilter may
facilitate proper packing of the container or box to maximize the number of items the container may hold or minimize the additional packing/stuffing materials required for shipping of the items within the container.”
There is no support for the claimed particular steps,
“(ii) obtain data, from a database, corresponding to a second orientation corresponding to the object,
(iii) instruct the item tilter to re-orient the object to the second orientation while the object is on the planar surface of the item tilter, and
(iv) after the object is re-oriented to the second orientation instruct the robotic handler to move the object from the item tilter to a destination container.”
This is new matter.
The rejection applies to independent claim 14.
The rest of the claims are rejected for depending on a rejected base claim.
Response to Arguments
Applicant's arguments filed 09/01/2026 have been fully considered but they are not persuasive.
Applicant traverses the drawing objection because they cannot show the recites item in the claim in the drawing. The examiner respectfully disagrees with applicant’s assertions that the drawing objections are proper because based on MPEP the applicant is required to show all claimed limitations in the drawings or sufficiently describe the claimed features in the drawings.
Next, the applicant argues that the amendment is supported in the specification. The examiner respectfully disagrees.
The examiner respectfully submits that the applicant’s specification recites,
[sec 0028], “….database provides a desired orientation for an object provided at the product loading station….”.
[sec 0020], “In some embodiments, an item manipulation system includes a device or
apparatus for re-orientation of items or objects. The device for re-orienting an object or item may be referred to herein as an item tilter. In some embodiments, an item tilter is used in conjunction with one or more robotic arms. The item tilter may reorient an object, such that it can be properly handled by a robotic arm. In some embodiments, an item tilter is provided to properly orient an object prior to placement within a container or box. The item tilter may
facilitate proper packing of the container or box to maximize the number of items the container may hold or minimize the additional packing/stuffing materials required for shipping of the items within the container.”
There is no support for the claimed particular steps,
“(ii) obtain data, from a database, corresponding to a second orientation corresponding to the object,
(iii) instruct the item tilter to re-orient the object to the second orientation while the object is on the planar surface of the item tilter, and
(iv) after the object is re-oriented to the second orientation instruct the robotic handler to move the object from the item tilter to a destination container.”
This is new matter.
The rejection applies to independent claim 14.
The rest of the claims are rejected for depending on a rejected base claim.
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
